§ 154.058 INSPECTION, MAINTENANCE AND ACCEPTANCE BY CITY.
   (A)   Inspection. The developer shall inspect or cause to be inspected all storm water detention systems constructed within the city. Through the inspection reports the city’s Engineer shall ensure that the facilities under construction are being constructed in accordance with the approved plans for the development.
   (B)   Maintenance.
      (1)   Each owner of the property being developed has the responsibility and duty to properly operate and maintain any storm water management system which has not been accepted for maintenance by the city. The responsibility of maintenance of the system and subdivision projects shall remain with the developer until the time as the storm water management system escrow for the development has been released at the end of the one-year warranty period.
      (2)   Upon release of escrow, the maintenance responsibility shall be vested in the trustees of the subdivided by virtue of a trust indenture. Indenture of trusts shall clearly indicated resident responsibility for maintenance. All the privately-owned maintained systems shall be subject to periodic inspections by the city’s Engineer or his or her representative. After an inspection by the city’s Engineer, he or she determines whether or not the conditions of the privately-owned storm water detention system are safe and correct.
      (3)   Any cost incurred by the city, as a result of the city’s Engineer’s actions, shall be attest against the owners of the system.
   (C)   Acceptance.
      (1)   Upon acceptance by the City Council, the storm water detention system may be dedicated to the city for perpetual maintenance.
      (2)   Any system shall include adequate perpetual access and sufficient area for maintenance by the city personnel and vehicles.
(1994 Code, § 154.48) (Ord. 434, passed 4-26-1993)