§ 920.16  MAINTENANCE REQUIREMENT.
   (A)   Storm water quantity provisions and storm water quality BMPs that are constructed on privately-owned land shall be maintained by a homeowners association or if no homeowner's association is established, the owner of the subject property.  If a property is under tax increment financing, the owner of the building located on the property shall be responsible for maintenance.
   (B)   Prior to approval of a final plat for as subdivision/PUD and/or the issuance of an occupancy permit for any building within a permitted development served by storm water quantity detention and retention basins and storm water quality BMPs, the applicant or owner of the storm water quantity provisions and storm water quality BMPs shall establish a formal maintenance covenant approved by the city and recorded in the Warren County Recorder's Office in which the owner acknowledges the duty of the owner and all subsequent owners of the property to maintain the storm water quantity provisions and storm water quality BMPs in accordance with the terms of the covenant.
   (C)   For existing facilities, copies of recorded maintenance covenants shall be provided by the responsible entity to the city within 90 days from a written request of the city.
   (D)   Maintenance and records of maintenance for all BMPs shall be performed by all responsible parties as required in the Land Development Design and Construction Standards Manual.
(Ord. 2012-018, passed 3-13-12) Penalty, see § 920.99