Unless otherwise established in writing and agreed to by the city, the following stormwater system maintenance arrangements shall be implemented:
A. Requirements: Landscape maintenance and preservation of land use systems such as detention, retention and swale features for stormwater management are to be maintained by property owners, homeowner associations or development groups. "Maintenance" in this section is defined as landscaped with cobble and a weed barrier or grass, mowed, watered and weed free, or a plan approved by both the planning commission and city council. Stormwater structures such as pipes, catch basins and sumps will be maintained by the city. Easements to access and inspect the stormwater system and to perform maintenance of the system shall be established on the plat or recorded with the property title in perpetuity.
B. Failure To Comply: If a responsible party fails or refuses to meet the maintenance requirements of this chapter, whether it be the normal or immediate correction time period, after reasonable notice, the city manager may order the public works department to abate or procure the abatement of the violation. In the event that the stormwater management facility becomes a danger to public safety or public health, the water superintendent shall notify the party responsible for maintenance of the stormwater management facility in writing. Upon receipt of that notice, the responsible person shall have ten (10) calendar days to effect maintenance and repair of the facility in an approved manner. After proper notice, the city may assess the owner of the facility for the cost of repair work and any penalties, plus appropriate administrative charges; 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 county. (Ord. 2007-14, 11-7-2007; amd. Ord. 2018-02, 5-16-2018)