[Ord. No. 2010-1621 §1, 4-20-2010]
The responsible party named in the recorded stormwater maintenance agreement (Section 506.250) shall maintain in good condition and promptly repair and restore all structural and non-structural stormwater BMPs and all necessary access routes and appurtenances (grade surfaces, walls, drains, dams and structures, vegetation, erosion and sedimentation controls, and other protective devices). Such repairs or restoration and maintenance shall be in accordance with the approved stormwater management design plan, the stormwater maintenance agreement, and the stormwater maintenance plan.
[Ord. No. 2010-1621 §1, 4-20-2010]
The City or its representatives shall conduct periodic inspections for all stormwater practices for which a stormwater certificate of completion has been issued in accordance with Section 506.390. All inspections shall be documented in writing. The inspection shall document any maintenance and repair needs and any discrepancies from the stormwater maintenance agreement and stormwater maintenance plans.
[Ord. No. 2010-1621 §1, 4-20-2010]
The responsible party shall make records of the installation
and of all maintenance and repairs, and shall retain the records for
at least five (5) years. These records shall be made available to
the City during inspection of the practice and at other reasonable
times upon request.
[Ord. No. 2010-1621 §1, 4-20-2010]
A.
In the event that the stormwater BMP has not been maintained and/or becomes a danger to public safety or public health, the City shall notify the responsible party by registered or certified mail. The notice shall specify the measures needed to comply with the maintenance agreement and the maintenance plan and shall specify that the responsible party has thirty (30) days or other time frame mutually agreed to between the City and the responsible party, within which such measures shall be completed. If such measures are not completed, then the City shall pursue enforcement procedures pursuant to Article V of this Chapter.
B.
If
a responsible person fails or refuses to meet the requirements of
an inspection report, maintenance agreement, or maintenance plan,
the City, after thirty (30) days' written notice (except, that in
the event the violation constitutes an immediate danger to public
health or public safety, twenty-four (24) hours' notice shall be sufficient),
may correct a violation of the design standards or maintenance requirements
by performing the necessary work to place the practice in proper working
conclusion. The City may assess the responsible party of the practice
for the cost of repair work which 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 City.
