(A) Owners, operators, or other benefitted users of property with a privately-owned stormwater facility, control device, measure, structure, or other component, regardless of whether inside a public drainage easement or not, shall be responsible for maintenance in accordance with the maintenance plan or recommendations as described by the manufacturer, design engineer, or other party responsible for determining maintenance needs. Maintenance records or other evidence of maintenance activities that have taken place shall be retained by the owners, operators, or other benefitted users and shall be made available to the Public Works Director, or the Public Works Director's authorized representative, as needed to provide proof of maintenance and/or inspections.
(B) Owners, operators, or other benefitted users of newly developed, or redeveloped properties with a privately owned stormwater facility after the effective date of this section shall have a maintenance plan or recommendations for the facility, control device, measure, structure or other component, regardless of whether inside a public drainage easement or not, filed with the real property records of the county in which the property is located. The Public Works Director, or the Public Works Director's authorized representative, may request a copy or copies of the maintenance plan or recommendations prior to submission to the county of record.
(C) Owners, operators, or other benefitted users of a property with a stormwater facility, control device, measure, structure, or other component, regardless of whether inside a public drainage easement or not, commits an offense if maintenance is not conducted in accordance with the maintenance plan or recommendations causing failure of the stormwater facility, control device, measure, structure, or other component to function as intended/designed.
(D) Owners, operators, or other benefitted users of a property with a stormwater facility, control device, measure, structure, or other component, regardless of whether inside a public drainage easement or not, commits an offense if the stormwater facility, control device, measure, structure, or other component is disabled, removed, or otherwise intentionally caused to fail without the prior approval of the Public Works Director, or the Public Works Director's authorized representative.
(Ord. OR-2156-2019, passed 11-25-19)