(A) The owners and occupants of lands on which structural post-construction BMPs have been installed to meet the requirements of this Article shall ensure the maintenance of these BMPs and shall themselves maintain those BMPs if other persons or entities who are also obligated to maintain those BMPs (by contract or covenant, or pursuant to this Article) fail to do so. Structural BMPs shall be inspected at least annually, and a written record of inspection results and any maintenance work shall be maintained and available for review by the City.
(B) The responsibility to maintain a BMP may be transferred through a contract or other agreement. The person or entity accepting a maintenance obligation in such a contract or agreement will also be legally obliged to maintain that BMP pursuant to this Article. However, no contract or other agreement imposing an obligation to maintain a BMP can relieve a person or entity of any obligation to maintain a BMP imposed by this Article.
(C) The maintenance agreement shall require the applicant or owner to execute an inspection and maintenance agreement, to be filled of record, binding on all subsequent owners of land served by a private stormwater management facility. Such agreement shall provide for access to the facility, at reasonable tunes, for inspections by the City or its authorized representative to ensure that the facility is maintained in proper working condition to meet design standards.
(D) The applicant and/or owner shall record the maintenance agreement with the Register of Deeds.
(E) The maintenance agreement shall also provide that if after notice by the City to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) or occupant within a reasonable period of time (thirty (30) days maximum), the City may perform all necessary work to place the facility in proper working condition. The owner(s) or occupant of the facility shall be assessed the cost of the work and any lawful penalties. (Ord. No. 960, 5/16/17)
Next Doc