A. When drainage improvements are associated with an approved development plan, subdivision plat or approved engineering report, and are constructed to provide flood protection to remove or reduce flood hazards, including those identified by FEMA or for storm water quality control, and where those improvements are privately owned, then it shall be the responsibility of the property owner(s) to perform maintenance as necessary to ensure the integrity of said drainage improvements and maintenance of the flood carrying capacity to the designed discharge.
1. Covenants and restrictions shall be required for private drainage improvements, prior to the construction of the improvements. The covenants and restrictions must outline maintenance responsibilities of the property owners and must be reviewed and approved by the chief engineer, prior to the construction of the drainage improvements.
2. The failure to maintain private drainage improvements shall be considered a violation of this title.
3. For purposes of this title, a private drainage improvement is considered a structure.
(Ord. 2010-FC5 § 1 (part), 2010; Ord. 2005 FC-2 § 2 (part), 2005)