(A) General.
(1) At the time that as-built plans are provided to the Code Enforcement Board as described in § 53.08(D) and prior to final approval of a project for compliance with this chapter, but in all cases prior to placing the BMPs in service, the applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all current and subsequent owners of the site, portions of the site, and lots or parcels served by the structural BMP. Failure to execute an operation and maintenance agreement within the time frame specified by the Code Enforcement Board may result in assessment of penalties as specified in § 53.28, enforcement and penalties. Until the transference of all property, sites, or lots served by the structural BMP, the original owner or applicant shall have primary responsibility for earning out the provisions of the maintenance agreement. At the discretion of the Code Enforcement Board, certificates of occupancy may be withheld pending receipt of an operation and maintenance agreement.
(2) The operation and maintenance agreement shall require the owner or owners to maintain, repair and, if necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of maintenance for the structural BMP. In addition, it shall grant to the city a right of entry in the event that the Code Enforcement Board has reason to believe it has become necessary' to inspect, monitor, maintain, repair, or reconstruct the structural BMP; however, in no case shall the right of entry-, of itself, confer an obligation on the city to assume responsibility for the structural BMP.
(3) Standard operation and maintenance agreements for BMPs shall be developed by the Code Enforcement Board and made available in the Design Manual. The operation and maintenance agreement must be approved by the Code Enforcement Board prior to plan approval, and it shall be referenced on the final plat and shall be recorded by the applicant or owner with the Boone and/or Kenton County Clerk's Office where the Deeds are lodged for record upon final plat approval as described in § 53.10. A copy of the recorded maintenance agreement shall be given to the Code Enforcement Board within 14 days following its recordation.
(B) Special requirement for homeowners' and other associations. For all structural BMPs required pursuant to this chapter that are owned and maintained by a homeowners' association, property owners' association, or similar entity, the required operation and maintenance agreement shall include the provisions described in the design manual.
(Ord. 2019-02, passed 3-12-19)