9.23.110 Maintenance and inspection agreement (privately owned facilities only).
(a) An inspection and maintenance agreement shall be required for all private on-site storm water discharge control facilities for all sites of one-acre or more, or for sites less than one-acre that are part of a larger common plan of development or sale. The inspection and maintenance agreement shall be submitted to the city prior to the issuance of necessary permits or city approvals. Such agreement shall be in form and content acceptable to the city. Such agreement shall provide for access to the facility by virtue of a nonexclusive perpetual easement in favor of the city at reasonable times for regular inspection by the public works director, or his/her designated representative. The agreement will identify who will have the maintenance responsibility. Possible arrangements for this maintenance responsibility might include the following:
(1) Use of homeowner associations;
(2) Arrangements to pay the city for maintenance;
(3) Private maintenance by development owner(s); or
(4) Contracts with private maintenance companies.
(b) All maintenance agreements shall contain without limitation the following provisions:
(1) A description of the property on which the storm water management facility is located and all easements from the site to the facility;
(2) Size and configuration of the facility;
(3) A statement that properties which will be served by the facility are granted rights to construct, use, reconstruct, repair, maintain, and access the facility;
(4) A statement that each lot served by the facility is responsible for repairs and maintenance of the facility and any unpaid ad valorem taxes, public assessments for improvements and unsafe building and public nuisance abatement liens charged against the facility, including all interest charges together with attorney fees, cost, and expenses of collection. If an association is delegated these responsibilities, then membership into the association shall be mandatory for each parcel served by the facility and any successive buyer, the association shall have the power to levy assessments for these obligations, and that all unpaid assessments levied by the association shall become a lien on the individual parcels; and
(5) A statement that no amendments to the agreement will become effective unless approved by the city.
(c) The agreement shall provide that the public works director, or his/her designated representative, at his option, may make preventive maintenance inspections of storm water management facilities. Without limiting the generality of the foregoing, the public works director or his/her designated representative's inspection schedule may include an inspection during the first year of operation and once every year thereafter, and after major storm events, e.g., five- or ten-year floods.
(d) Inspection reports shall be maintained by the public works director, or his/her designated representative.
(e) The agreement shall provide that if, after an inspection, the condition of a facility presents an immediate danger to the public health, safety, or general welfare because of unsafe conditions or improper maintenance, the city shall have the right, but not the duty, to take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the city shall be paid by the owner.
(f) The agreement shall be recorded by the owner at the county auditor's office prior to the final inspection and approval.
(g) The agreement shall provide that the public works director, or his/her designated representative, shall notify the owner(s) of the facility of any violation, deficiency, or failure to comply with this chapter. The agreement shall also provide that upon a failure to correct violations requiring maintenance work, within thirty days after notice thereof, the city may provide for all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the costs of the work performed by the city pursuant to this subsection and there shall be a lien on all property of the owner which property utilizes or will utilize such facility in achieving discharge control, which lien, when filed in the county auditor's office, shall have the same status and priority as liens for ad valorem taxes. Should such a lien be filed, portions of the affected property may be released by the city following the payments by the owner of such owner's pro-rata share of the lien amount based upon the acreage to be released with such release amount to be determined by the public works director, or his/her designated representative, in his/her reasonable discretion.
(h) The city, at its sole discretion, may accept the certification of a registered civil engineer in lieu of any inspection required by this chapter. (Ord. 1799, § 1, 2010.)