(a) The City shall maintain all portions of the storm water system that have been accepted as part of the public system.
(b) Routine and ongoing maintenance of all storm water management facilities constructed on private property after the date of passage of this chapter is required as set forth in this section. The term "maintenance" is herein defined as including, but not limited to, the following situations: erosion, sedimentation, plant growth in excess of 12 inches high, removal of undesirable animal infestation, litter control, compliance with State dam inspections, and any other related issues the City or State may request.
(c) For storm water facilities that serve more than one lot, the owner(s) of each lot in the subdivision/development shall derive benefit from the storm water facilities in controlling storm water runoff and therefore each and every property owner in the subdivision shall collectively and proportionally be responsible for all costs associated with ongoing maintenance of the storm water facilities within the subdivision/development in perpetuity. The proportionate share shall be determined based on the total amount of land area each owns on a square foot basis as compared to the collective total square footage of the benefited properties.
(d) The aforementioned maintenance requirements shall be set forth in detail as part of the required subdividers agreement prepared in conjunction with the final plat for the subdivision or other land development with said agreement incorporated by reference on the final plat filed of record with the final plat at the Register of Deeds of the County.
(e) Upon verification that maintenance is required for a given storm water facility, the City shall give written notice, as provided by law, to each property owner, homeowners association or other entity responsible for said maintenance informing said owner(s) that the required maintenance shall be performed within 30 days of the date of notice. In the event that maintenance is not performed on private storm water facilities by the property owner(s) as set forth in this section, the City reserves the right to enter the site and perform the required maintenance or hire a private contractor to perform the required maintenance, and to assess the cost of said maintenance to each property owner, homeowners association or other entity that benefits from the storm water facility. The City reserves the right to assess these costs to each property owner, homeowners association or other entity by any and all legal manners afforded the City. The assessments for this maintenance cost will be based on the City fee schedule or if a private contractor is hired the cost shall be the amount billed by the contractor plus a 5% City administrative fee. The City reserves the right to include an additional interest charge of 5% per month for any bill that is left unpaid for more than 30 days.
(Ord. 1699. Passed 8-27-13.)