(A) Maintenance responsibility.
1. Owners of property on which a regulated project has been developed shall agree to accept responsibility for the operation and maintenance of the on site installed source control measures, treatment systems and hydromodification controls. This agreement shall be in the form of a signed and notarized operation and maintenance agreement to be recorded in the Merced County Recorder’s office; responsibility shall transfer to any successors in interest of the property.
2. Multi-parcel or multiowner projects (gated communities, condominiums and the like) shall operate and maintain any commonly owned source control measures, treatment systems, and hydromodification controls either through a homeowners’ association, through a condominium agreement, or other legally enforceable agreement or mechanism.
3. Source control measures, treatment systems or hydromodification controls that are publicly owned or built within the public rights-of-way shall be operated and/or maintained by the city or other public agency using funds levied on the development or redevelopment project in the form of assessment districts or other acceptable collection mechanism for the purpose of reducing runoff and mitigating pollutants as described in this chapter.
4. Owners of property on which a regulated project has been developed shall agree to and consent to these assessment fees as determined by the city at its sole discretion. This assessment district shall be recorded in the Merced County Recorder’s office; responsibility shall transfer to any successors in interest of the property.
(B) Inspection authorization. The recorded operation and maintenance agreement shall include a provision authorizing the city to access the project site for the sole purpose of performing inspections of the installed treatment systems and hydromodification controls.
(Ord. 629, passed 2-21-2017)