§ 60-41. Maintenance and repair of stormwater BMPs.

(a)

Stormwater best management practices operations and maintenance agreement. Prior to the issuance of any permit for development involving any stormwater BMP, the applicant or owner of the site must execute a stormwater best management practices operations and maintenance agreement that shall be binding on all subsequent owners of land served by the stormwater BMP. The agreement shall provide for access to the BMP and the land it serves at reasonable times for periodic inspection by city or city's designee and for regular or special assessments of property owners to ensure that the BMP is maintained in proper working condition to meet city stormwater requirements. The agreement shall be recorded by city at the expense of the permit holder or property owners.

(b)

Maintenance covenants. Maintenance of all stormwater BMPs shall be ensured through the creation of a formal maintenance covenant that must be approved by the city and recorded prior to the stormwater management final plan approval. As part of the covenant, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the stormwater BMPs. The covenant shall also include plans for periodic inspections to ensure proper performance of the BMPs between scheduled cleanouts.

(c)

Requirements for maintenance covenants. All stormwater BMPs must undergo, at the minimum, an annual inspection to document maintenance and repair needs and ensure compliance with the requirements of this chapter and accomplishment of its purposes. These needs may include (but are not limited to) removal of silt, litter, and other debris from all stormwater treatment and conveyance facilities including ponds, infiltration basins, raingardens, catch basins, inlets, and drainage pipes, grass cutting and vegetation removal, and necessary replacement of landscape vegetation. Any maintenance or repair needs detected must be corrected by the developer or entity responsible under a written maintenance agreement within 30 days, as determined by city, and the inspection and maintenance requirement may be increased as deemed necessary to ensure proper functioning of the stormwater BMPs.

(d)

Inspection of stormwater BMPs. Inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the NPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in stormwater BMPs, and evaluating the condition of stormwater BMPs.

(e)

Right of entry for inspection, investigation, or monitoring. When any new stormwater BMP is installed on private property, or when any new connection is made between private property and a public stormwater management facility, sanitary sewer or combined sewer, the property owner shall grant to city the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection, investigation, or monitoring. This includes the right to enter a property when city has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter.

[(f)

Reserved. ]

(g)

Records of installation and maintenance and repair activities. Parties responsible for the operation and maintenance of stormwater BMPs shall submit to the city clerk an annual maintenance and inspection report including all records of the installation and of all maintenance and repairs conducted. The responsible parties shall retain the records for at least five years or longer if the city inspector deems it necessary. These records shall be made available to city during inspection of the facility and at other reasonable times upon request.

(h)

Failure to maintain stormwater BMPs. If a responsible party fails or refuses to meet the requirements of the maintenance covenant or any provision of this chapter, the city, after reasonable notice, may correct a violation by performing all necessary work to place the BMP in proper working condition. In the event that the stormwater BMP becomes a danger to public safety or public health, the city shall notify the party responsible for maintenance of the stormwater BMP in writing. Upon receipt of that notice, the responsible person shall have 30 days to effect maintenance and repair of the stormwater BMP in an approved manner. After proper notice, the city may assess, jointly and severally, the owners of the stormwater BMP or the property owners or the parties responsible for maintenance under any applicable written agreement for the cost of repair work and any penalties; 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.

(Ord. No. 212, Art. I, 3-19-18)