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Each owner of the property being developed has the responsibility and duty to properly operate and maintain any storm water management system which has not been accepted for maintenance by the village. The responsibility of maintenance of the system and subdivision projects shall remain with the developer until such time as the storm water management system escrow for such development has been released at the end of the one-year warranty period. Upon release of escrow, the maintenance responsibility shall be vested in the trustees of the subdivision by virtue of a trust indenture. Indenture of trusts shall clearly indicate resident responsibility for maintenance. All such privately owned maintained systems shall be subject to periodic inspections by the Village Engineer or its representative. After an inspection by the Village Engineer, he or she determines whether or not the conditions of the privately owned storm water detention system are safe and correct. Any cost incurred by the village, as a result of the Village Engineer’s actions, shall be attest against the owner(s) of the system.
(1999 Code, § 34-5-69)