A. Responsible Party: Owners are responsible for the operation and maintenance of stormwater facilities on their property.
B. Requirement For O&M Agreement: If a project requiring a stormwater site plan requires structural or nonstructural measures, the owner shall execute an O&M agreement prior to the city granting final approval of any development plan or other development for which a permit is required under this title. The stormwater O&M agreement shall be recorded in the office of the Bannock County clerk and shall run with the land.
C. Required Elements For Stormwater O&M Agreement: The O&M agreement shall be in a form approved by the city, and shall, at a minimum require the owner of the property, including successor owners, to maintain the stormwater system on the property so that the system continues to function as planned. It shall include a city approved O&M plan detailing inspection, maintenance and reporting responsibilities.
D. Maintenance Responsibility: In accordance with the city approved O&M plan, property owners shall maintain in good condition and promptly repair and restore all structural and nonstructural stormwater BMPs, and all necessary access routes and appurtenances (e.g., graded surfaces, walls, drains, check dams and structures, UICs, catch basins, pipes, vegetation adjacent to the inlets and within the facility, erosion and sedimentation controls, and other protective devices).
E. Maintenance Records Required: The owner or other responsible party shall make at least annual inspections of the facilities and maintain records of such inspections. Most O&M plans will require more frequent inspections. Stormwater BMP inspection, maintenance and repair records shall be retained by the owner or their designee for a period of five (5) years, and shall be made available to the city upon request.
F. Maintenance Inspection By City: The city shall retain the right to conduct periodic inspections for all stormwater BMPs, which shall be documented in writing. The inspection shall document any maintenance and repair needs, and any discrepancies from the stormwater system maintenance agreement.
G. Failure To Provide Adequate Maintenance: If the property owner, operator, or successor, fails or refuses to meet the maintenance requirements specified in the O&M plan, the public works director may issue a correction notice and with a minimum of thirty (30) days' written notice, complete the necessary maintenance at the owner's/operator's expense. In the event that the violation constitutes an immediate danger to public health or public safety, twenty four (24) hour notice shall be sufficient. (Ord. 2944, 2015)