(a) The property owner(s), its administrators, successors, or any other persons, including any homeowner's association, shall take all necessary actions to ensure that the permanent stormwater pollution prevention measures and hydromodification management measures are properly maintained so that they continue to operate as originally designed and approved. The maintenance of the control measures shall be in accordance with the terms and conditions of a maintenance agreement and shall be in the form of a covenant running with the land, environmental mitigation measures, a use permit, enforceable conditions of approval, or other legal agreement. The agreement shall provide access to the extent allowable by law for representatives or agents of city for the purposes of verification of proper operation and maintenance of the specific PSPPM and hydromodification management measures. The agreement shall be recorded in the office of the county recorder, shall remain in force until ownership of the developed property has been transferred, and upon transfer, shall be binding on the new owner(s).
(b) Any property owner that has been required by this chapter to construct or install and maintain permanent stormwater pollution prevention measures and hydromodification management measures shall upon transferring ownership of such property provide the new owners with a current copy of this chapter, and shall inform the new owners in writing of their obligation to properly operate and maintain such PSPPM and hydromodification management measures.
(c) It shall be unlawful to alter, modify or change any components of the permanent stormwater pollution prevention measures or hydromodification management measures without first obtaining the written certification of the city engineer that the requirements of this chapter have been satisfied.
(Ord. 4878 § 4, 2005 Ord. 4799 § 2 (part), 2003)