§ 51.09 MAINTENANCE RESPONSIBILITY.
   (A)   Maintenance of stormwater drainage facilities located on private property shall be the responsibility of the owner of that property. Before a permit is obtained from the village, the applicant shall ensure that covenants are placed upon the property, guaranteeing that the applicant and all future owners of the property have sufficient funds to maintain and will maintain its stormwater drainage system. The covenants shall specifically authorize representatives from the village to enter onto the property for the purpose of inspection and maintenance of the drainage system. The property’s stormwater drainage system and shall provide for access to the system for inspection by authorized personnel of the village.
   (B)   The owner of any stormwater detention facility located upon private property shall enter into a maintenance agreement with the village which shall set forth the minimum maintenance requirements for the basin and such other information as the village may require.
   (C)   In the event that an inspection by the village reveals that the private stormwater drainage facilities are not properly maintained, the village may require that proper maintenance be performed. The Administrator shall notify the property owner to begin any necessary corrections within 30 calendar days of such notification and complete the corrections within 90 calendar days. If the corrections are not made within this time period, the village may have the necessary work completed and assess all the costs to the property owner, in a manner approved by the Village Attorney.
   (D)   The private property owner may, after approval by the Administrator, assign the owner’s maintenance responsibilities and duties under the terms of the covenants to a third party, such as a property owner’s association, or other competent agency. When such an assignment is made, the entity undertaking the maintenance responsibility shall show evidence of financial ability to provide any maintenance required.
(Ord. 15-12-02, passed 12-15-2015)