(a) All stormwater management facilities shall be inspected and maintained in accordance with the Long Term Inspection and Maintenance Agreement. The agreement form may be found in the Warrensville Heights Stormwater Design Guide. The agreement form shall be submitted to the City Engineer for review and approval. The Inspection and Maintenance Agreement will require that a plan for long term maintenance be outlined. After the City Engineer has approved the content of the plan, the Long Term Inspection and Maintenance Agreement must be signed by the owner or a representative of the common ownership entity (such as a homeowners association), the Service Director and the City Engineer.
(b) The City of Warrensville Heights or agents shall be authorized to inspect stormwater management facilities. All stormwater management facilities must be inspected annually by an agent of the City. The owner or common ownership entity is required to pay an annual inspection fee to the City to cover the cost of an annual inspection and associated administrative costs. The annual fee will consist of the inspection fee charged by the Cuyahoga Soil and Water Conservation District plus a $30 administrative fee. This chapter requires that the owner or common ownership entity pay the inspection fee within 30 days of the billing date. If the fee is not paid within 30 days of the billing date, the City will assess the fee to the owner or to each property served by the common ownership entity in order to recuperate the cost associated with the annual inspection. If the entity of common ownership is no longer in existence, the expense will be recuperated by assessing each property which was served by the entity of common ownership.
(c) If the annual inspection identifies a malfunction or other need for maintenance, the City Engineer shall provide written notification to the responsible party. Upon notification, the responsible party shall have ten (10) working days, or other mutually agreed upon time, to make the required repairs or submit a plan with detailed action items and established timelines. Should repairs not be made within this time, or a plan approved by the City Engineer for these repairs not be in place, the City of Warrensville Heights may undertake the necessary repairs. If the City undertakes the necessary repairs, the expense will be charged to the owner or common ownership entity. If the expense is not reimbursed within 30 days of the billing date, the City will assess the charge to the owner or to each property served by the common ownership entity. If the entity of common ownership is no longer in existence, the expense will be recuperated by assessing each property which was served by the entity of common ownership.
(d) If the City is required to assess the charge in order to recuperate costs associated with inspection, maintenance, repair or improvement to a stormwater management facility, the following shall occur:
(1) The Director of Finance shall notify each owner who is served by the stormwater management facility by ordinary mail, if the address of such parties be known, that the City has completed inspection and/or maintenance and/or improvement to the facility in accordance with the provisions of this chapter, and then report all the expenses to Council.
(2) The Director is also authorized to add any applicable administrative or engineering fees to cover the costs of the work and any other contingent expenses.
(3) Within ten days after receipt of the requisition, the Finance Director shall forward a statement of the total charges assessed on each parcel of property to the persons as shown to be the owners of record on the last current assessment of tax roll and such assessment shall be payable to the City within thirty days from the date the statement was forwarded.
(4) If the property owner does not pay these expenses within the thirty-day period, the City may file a lien against the subject. Such amount shall be a debt of the person to whom assessed until paid and, in case of delinquency, may be enforced as delinquent City property taxes or by a suit against such person.
(5) Statement to County Auditor: Upon the receipt of the statement of expenses incurred, Council shall make written return to the County Auditor of Cuyahoga County of its action under the preceding sections with a statement of the charges and a proper description of the premises for the purpose of making the same a lien upon the lands to be collected as other taxes and returned to the Municipality with the General Fund.
(e) Deeds: The deed for each property served by the stormwater management facility must indicate that the property owner is required to reimburse the City for a portion of the cost associated with facility inspection, maintenance and repair, in perpetuity. The total cost will be split equally between all properties served by the facility, as identified in the Long Term Inspection and Maintenance Agreement.
(Ord. 2007-141. Passed 9-18-07.)