(A) If a responsible party fails or refuses to meet the requirements of the approved plan and maintenance covenant, then the approving agency, or its designated agent, after reasonable notice as set forth herein, may enter upon the property and correct any violation by performing all necessary work to place the storm water facility in proper working condition. In the event the storm water facility is in a state that poses an immediate danger to public safety or health in the determination of the approving agency, then the approving agency, or its designated agent, may enter upon the property immediately without notice to correct and perform all work necessary to remediate the immediate danger.
(B) (1) Absent an immediate danger, the approving agency shall provide the responsible party with written notice of any failure to maintain. The responsible party shall have a minimum of 15 days to respond with a plan to affect maintenance and repair to address the failure in a manner and time that is acceptable to the approving agency. If the responsible party fails to respond to the written notice or fails to respond with an approved plan, then the approving agency, or its designate agent, may enter upon the property and correct any violation by performing any work necessary as set forth above.
(2) The approving agency shall have the authority to assess the owner(s) of the property for the full cost, including administrative costs, for any and all work performed and may place a lien on the property to be recorded in the office of the county’s Clerk.
(3) Said lien may be enforced by the approving agency through appropriate legal action, including foreclosure and judicial sale of the property.
(Ord. 012-118, passed 10-8-2012)