(A) Maintenance and repair. A structural storm water BMP must be maintained in perpetuity by the homeowners of the properties served by a structural BMP. The cost associated with maintenance and repair must be paid for by the homeowners of the properties served by a structural BMP.
(B) Inspection. A structural storm water BMP must be inspected in perpetuity to ensure proper function. The inspections must be paid for by the homeowners of the properties served by a structural BMP. The village will inspect the BMP on an annual basis, or more frequently if deemed necessary by the Village Engineer. The village will send a letter to each resident served by the structural storm water BMP to report the results of the inspection and re-iterate the homeowner's responsibility to pay for inspection, maintenance and repair of the structural storm water BMP in perpetuity.
(C) Long-Term Inspection and Maintenance Agreement. The SWP3 submittal must include a Long- Term Inspection and Maintenance Agreement which describes the plan for maintaining the structural storm water BMP in perpetuity. The plan must identify the means in which maintenance and inspection efforts will be financed. The agreement should also include the following: contact information to which annual inspection reports should be sent, a list of all addresses which are served by the BMP, a statement of understanding of long-term inspection and maintenance responsibilities, a long-term maintenance plan, a copy of homeowners' association bylaws (where applicable). The agreement must be reviewed and approved by the Village Engineer and Law Director.
(D) Deeds. The deed for each property served by the structural storm water BMP must indicate that the property owner is required to pay for a portion of the cost associated with facility inspection, maintenance and repair, in perpetuity. This is a requirement even if a homeowners' association exists.
(E) If a homeowners' association intends to maintain the structural BMP on behalf of the residents, the responsibilities of the association must be written into the association bylaws.
(F) The total cost of long term inspection, maintenance and repair will be split equally between all properties served by the facility, as identified in the Long-Term Inspection and Maintenance Agreement. If a homeowners' association is in place, payment may be made through the association. In the case that the homeowners' association ceases to complete the required obligations or does not exist, the property owners of the individual properties will be required to reimburse the village directly for the cost associated with facility inspection, maintenance and repair, in perpetuity.
(G) The village will charge for each inspection based upon the amount of time spent on the inspection. The cost of inspection will be charged as described herein.
(H) If a homeowners' association is in place, maintenance and repair may be completed by a representative of the association. Maintenance and repair must be completed to the satisfaction of the Village Engineer and must be completed such that the BMP functions as originally intended. If a homeowners' association does not complete maintenance and repair to the satisfaction of the Village Engineer or if a homeowners' association is not in place, maintenance and repair will be completed by a representative of the village. The cost of maintenance and repair will be charged as described herein.
(I) The village is authorized to charge homeowners for all costs associated with inspection, maintenance and repair, including any applicable administrative or engineering fees. If a homeowners' association is in place, the statement of charges will be sent to the association representative named on the long-term inspection and maintenance plan. If a homeowners' association is not in place or does not respond to the initial statement, a statement of charges will be sent to each homeowner served by the storm water BMP. If the property owner does not pay these charges within 30 days, the village may file a lien against the subject. In the case of delinquency, the debt may be enforced as delinquent village property taxes or by a suit against the homeowner.
(Ord. 60, passed 12-5-07)