(a) Any portion of the drainage system on private property, including storm water storage facilities, shall be continuously maintained by the property owner, unless such system or portion thereof is officially accepted by the City for maintenance.
(b) The owner of a storage facility is charged with the duty of inspecting the system on an annual basis. An inspection report certified by a registered professional engineer, landscape architect, or certified professional in erosion and sediment control, shall be furnished to the City Engineer by May 1st each year. In the event that corrective measures are required, the City Engineer or Building Commissioner may issue a notice of violation which shall identify all deficiencies and designate a time frame for correction. If after subsequent inspection the corrections are not made, then the City Engineer or Building Commissioner may issue a citation for violations to the owner or person responsible for maintenance of the facility, in accordance with Section 1058.12 of this Chapter. If all corrections are not performed within a prescribed time period, the City may elect to pursue the matter as a nuisance abatement, make the necessary corrections and assess the costs as a tax assessment/lien to the responsible party and property owner in accordance with Section 606.28 and otherwise pursuant to law.
(c) The developer shall cause the above maintenance and reporting obligations to be inserted into the chain of title to the affected lands as a covenant running with the land. Such documentation may include but not be limited to reference on a plat and/or inclusion in a declaration of covenants and restrictions for a subdivision.
(d) Upon notice from the City Engineer or Building Commissioner, or designated representative, that work is being performed contrary to this chapter, such work shall immediately stop. Such cease and desist notice shall be in writing and shall be given to the owner or other person responsible for the development area, or person performing the work, and shall state the conditions under which such work may be resumed; provided, however, in instances where immediate action is deemed necessary for public safety or the public interest, the City Engineer or Building Commissioner may require that work be stopped upon verbal order pending issuance of a written order. (Ord. 2022-051. Passed 3-21-22.)