§ 153.215  MAINTENANCE OF PRIVATELY OWNED FACILITIES.
   (A)   Maintenance of stormwater storage facilities located on private property shall be the responsibility of the owner of that property. Before any plat is approved by the Board of Trustees, the owner shall ensure that the covenants placed upon the property guarantee that the owner and all future owners of the property have sufficient funds to maintain and will maintain its stormwater drainage system. The covenants shall specifically authorize representatives from the village to enter onto the property for the purpose of inspection and maintenance of the drainage system. The covenants shall also include a schedule for regular maintenance of each aspect of the property’s stormwater drainage system.
   (B)   In the event that an inspection by the village reveals that the private stormwater drainage facilities are not properly maintained, the village may require that proper maintenance be performed. The village’s Maintenance Superintendent shall notify the property owner to begin any necessary corrections. If the corrections are not made within the time period determined by the Board of Trustees, the village may have the necessary work completed and assess all the costs to the owner, in a manner designated by the Village Attorney.
   (C)   The owner may, after approval by the Board, assign the owner’s maintenance responsibilities and duties under the terms of the covenants to a third party, such as a property owner’s association or other competent agency. When such assignment is made, the entity undertaking the maintenance responsibility shall show evidence of financial ability to provide any maintenance required.
(Ord. 97-7, passed 7-1-1997, § 5.19)