(A) Maintenance easement. Prior to the issuance of any permit that has a storm water management facility as one of the requirements of the permit, the applicant or owner of the site shall execute a maintenance easement agreement that shall be binding on all subsequent owners of land served by the storm water management facility. The agreement shall provide for access to the facility at reasonable times for periodic inspection by the city, or its contractor or agent, and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement agreement shall be recorded by the applicant in the County Recorder’s office. The applicant shall provide a copy of the recorded easement to the City Engineer’s office.
(B) Maintenance covenants. Maintenance of all storm water management facilities shall be ensured through the creation of a formal maintenance covenant that shall be approved by the city and recorded in the County Recorder’s office prior to final plan approval. As part of the covenant, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the storm water management facility. The covenant shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled cleanouts.
(C) Requirements for maintenance covenants. All storm water management facilities shall undergo, at the minimum, an annual inspection to document maintenance and repair needs and ensure compliance with the requirements of this chapter and accomplishment of its purposes. These needs may include; removal of silt, litter and other debris from all catch basins, inlets and drainage pipes, grass cutting and vegetation removal and necessary replacement of landscape vegetation. Any maintenance needs found shall be addressed in a timely manner, as determined by the city, and the inspection and maintenance requirement may be increased as deemed necessary to ensure proper functioning of the storm water management facility.
(D) Failure to maintain practices.
(1) If a responsible party, after receiving notice from the city in which the responsible party is given ten days to meet the requirements of the maintenance covenant, fails or refuses to meet the requirements of the maintenance covenant, the city may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition.
(2) In the event that the storm water management facility becomes an immediate danger to the public health, safety, economic impact or general welfare of the city, the city has the right to immediately effect maintenance and repair of the facility for the sole purpose of protecting the public health, safety, economic impact or general welfare of the city.
(3) The city may assess the owner(s) of the storm water management facility for the cost of repair work and any penalties; and the cost of such work and any penalties shall be a lien on the property or prorated against the beneficial uses of the property. An appeal may be taken to the Board of Works for the cost of the lien.
(Prior Code, § 59.1.10) (Ord. 68-2005, passed - -2005)