Where the stormwater detention, retention or management area is located upon property designated as HOA or common area on a subdivision plat, the maintenance and management of such areas shall be enforced as follows:
(A) Once the City Public Works Director has determined that the maintenance and management of the stormwater detention, retention or management area is insufficient and the Public Works Director has been unsuccessful at locating a homeowners association or other persons or entities who will adequately manage and maintain the stormwater area, the Public Works Director shall review the plats and any stormwater management studies of the subdivision where the lots are located and determine which lots are benefitting from the stormwater retention area and the lots that would not have otherwise been created under the local zoning ordinance and subdivision regulations without the stormwater retention area at issue.
(B) Upon making such determination, the city shall advise the affected property owners in writing that the city will be undertaking the maintenance and management of the stormwater facilities and that the cost of such maintenance along with an administrative fee will be assessed pro rata to the property owners on their annual ad valorem tax bills. This notice shall include a provision advising the affected property owners that they may appeal this determination to the Mayor within 30 days after the date of such notice.
(Ord. 2023-4, passed 4-18-23)