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(A) Prior to the issuance of any permit that has a stormwater management facility as one of the requirements of the permit, the applicant or owner of the site must execute a maintenance easement agreement that shall be binding on all subsequent owners of land served by the stormwater management facility. The agreement shall provide for access to the facility at reasonable times for periodic inspection by the city, or its contractor or agent, to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement agreement shall be recorded by the city in the land records.
(B) Maintenance of all stormwater management facilities shall be ensured through the creation of a formal maintenance covenant that must be approved by the city and recorded into the land record at the time of final plat approval. As part of the covenant, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the stormwater management facility. The covenant shall also include plans for periodic inspections by the applicant, owner or assigns to ensure proper performance of the facility.
(C) The city shall be permitted to enter and inspect any property subject to regulation under this section as often as is necessary to document maintenance and repair needs and determine compliance with the requirements of this chapter. If a responsible party owning, controlling or possessing a property has security measures that require identification and clearance before entry to its property, the responsible party shall make the necessary arrangements to allow access by the city. By way of specification but not limitation:
(1) A responsible party shall allow the city ready access to all parts of the property for purposes of inspection, examination and copying of records related to compliance with this chapter;
(2) Any temporary or permanent obstruction that obstructs the safe and easy access to property to be inspected and shall be promptly removed by the responsible party at the written or oral order of the city and shall not be replaced. The costs of clearing the access shall be borne by the responsible party; and
(3) An unreasonable delay in allowing the city access to a property is a violation of this chapter.
(D) Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least three years. Copies of the as-built plans and records of all self inspections, maintenance and repairs shall be kept on-site and shall be made available to the city during inspection of the facility and at other reasonable times upon request.
(E) In the event that a stormwater management facility is found by the city to be noncompliant with the plans as submitted and approved or is found to be in need of maintenance, the responsible party will be notified in writing of the deficiencies. Upon receipt of the notice, the responsible party shall have 15 days to correct the deficiencies. After proper notice, and if the responsible party fails to make the repairs or perform the maintenance, the city may have the work performed and assess the owner(s) of the facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the city.
(Ord. 2007-18, passed 9-25-2007) Penalty, see § 55.99