A. Except as hereinafter provided, that certain document titled "DuPage County Countywide Stormwater and Floodplain Ordinance", effective May 14, 2019, (the "County ordinance"), a copy of which is on file in the Office of the City Clerk, shall be and is hereby adopted as the ordinance for the City regulating stormwater management, Best Management Practices (BMPs), erosion control, and floodplain matters within the City; and each and all of the regulations, provisions, penalties, conditions and terms of said Countywide stormwater and floodplain ordinance, as amended herein, on file in the Office of the City Clerk, are hereby referred to, adopted and made part hereof as if fully set forth in this section.
B. The following sections of the DuPage County Countywide stormwater and floodplain ordinance, as effective within the corporate boundaries of the City, are hereby amended as follows:
1. Section 15-55 is amended to add a new subsection E thereto, which subsection shall hereafter be and read as follows:
15-55.E. Where new stormwater facilities are installed on private property pursuant to a stormwater management certification (hereinafter referred to as the certification) issued by the city of Warrenville and as required by this ordinance and said stormwater facilities are not located in a clearly dedicated stormwater management easement area or subject to a home owners' association declaration of covenants satisfying the requirements of 15-55.E.1 through 15-55.E.4 below, the administrator shall have the authority to require owner of said private property to execute and submit to the city of Warrenville a declaration of stormwater facility maintenance agreement and covenant in the form periodically approved by the Warrenville city council. The executed and submitted stormwater facility maintenance agreement and covenant shall:
15-55.E.1. Document the owner's responsibility to manage, operate, and maintain any and every portion of the stormwater facilities required under the certification in accordance with the provisions of the stormwater facility maintenance agreement and covenant, this ordinance, and as may be reflected on the approved as-built drawing(s).
15-55.E.2. Run with the property and shall be binding upon and inure to the benefit of the owner of the property, the owner's successors, assigns and grantees, and all parties claiming by, through, and under them.
15-55.E.3. Grant the city the right to enter the property to inspect, and evaluate the performance of, the stormwater facilities, and, in the event the city determines, in its sole and absolute discretion, that prior maintenance of the stormwater facilities is not performed at any time, the city, after ten (10) days prior written notice to the owner, may, but shall not be obligated to, enter upon the property for the purpose of performing maintenance work on and to the stormwater facilities.
15-55.E.4. Allow the city to charge the owner an amount sufficient to defray the entire cost of any work performed pursuant to 15.55.E.3 of this section, including administrative costs, either before or after such cost is incurred, and if the amount so charged is not paid by the owner following a demand in writing by the city for such payment, such charge, together with interest and costs of collection, shall become a lien upon the property and the city shall have the right to collect such charge, with interest and costs, and to enforce such lien as in foreclosure proceedings as permitted by law.
15-55.E.5. Allow the city to enforce the stormwater facility maintenance agreement and covenant and recover its attorney's fees and costs in any enforcement action where it is the prevailing party.
15-55.E.6. Become a permanent record in the file maintained by the city of Warrenville on the property.
15-55.E.7. Be recorded, at the expense of the owner, against the property in the office of the DuPage County recorder of deeds prior to the city of Warrenville issuing a full, unconditional, certificate of occupancy permit for the property.
(Ord. O2018-53, 11-19-2018)
2. Section 15-114 is amended to add a new subsection I thereto, which subsection shall hereafter be and read as follows:
15-114.I. The applicant shall be responsible for all out of pocket costs incurred by the city for the appeal process including, but not limited to publication for legal notice, court reporter, transcript, printing, recording fees and outside city consultants unless the applicant's appeal is upheld by the oversight committee, in which case the fees for publication of legal notice, printing, recording and outside city consultants shall be refunded to the applicant.
(Ord. O2017-38, 6-19-2017; amd. Ord. O2019-35, 7-1-2019)