1. The landowner or developer of every site subject to the provisions of this chapter shall be responsible for maintaining as-built storm water BMPs in an effective state as determined in the sole judgment of the City for 25 years after completion of construction.
2. Prior to the issuance of any permit for development involving any storm water BMP, the landowner or developer must execute a storm water management easement for each BMP in a form acceptable to the City. Said easement will provide for access to the BMP by the City for periodic inspection. Said easement shall be recorded at the expense of the landowner or developer.
3. Prior to the issuance of any development permit, the landowner or developer shall execute a storm water BMP maintenance agreement in a form acceptable to the City that requires the landowner or developer to inspect and maintain each storm water BMP for a period of 25 years. In addition, the storm water BMP maintenance agreement shall provide for assessment against all owners of property in the development should the storm water BMP not be maintained. In lieu of the assessment agreement, the landowner/developer may submit a maintenance bond for a period of 25 years.
4. In the event that the responsible party fails to maintain the storm water BMP, the City, upon 30 days’ written notice, may repair or cause to be repaired the storm water BMP to its proper working condition. After completion of the repair, the City shall submit an invoice for the repair to the responsible party, who shall pay said invoice within 30 days. In the event that the invoice is not paid, the City shall either certify the amount to the County Treasurer for collection as contemplated in the storm water BMP maintenance agreement to be collected in the same manner as ordinary taxes. When applicable, the City may also commence proceedings against the surety for payment of the expenses.