§ 50-161. Inspection and maintenance agreement.

(a)

An inspection and maintenance agreement shall be executed for all private on-site stormwater management facilities prior to the issuance of a grading, ground disturbance or building permit. Such agreement shall be in form and content acceptable to the manager and shall provide that all maintenance and repair of such facilities shall be the responsibility of the private owner. Such agreement shall provide for access to the facility by virtue on a nonexclusive perpetual easement in favor of the county at reasonable times for regular inspection by the department. Such agreement shall be binding on all heirs, successors, assigns, and lenders.

(b)

The inspection and maintenance agreement shall provide that preventive maintenance inspections of infiltration systems, retention, or detention structures may be made by the department, at its option.

(c)

Inspection reports shall be maintained by the department.

(d)

The inspection and maintenance 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 department 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 county shall be paid by the owner as set forth in subsection (f) of this section.

(e)

The inspection and maintenance agreement shall be recorded by the owner in the land records of the county prior to the issuance of a grading, ground disturbance or building permit.

(f)

The inspection and maintenance agreement shall provide that the department shall notify the owner(s) of the facility of any violation, deficiency or failure to comply with this article. The agreement shall also provide that upon a failure to correct violations requiring maintenance work within ten days after notice thereof, the department 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 department pursuant to this subsection and subsection (d) of this section; and there shall be a lien on all property of the owner which property utilizes or will utilize such facility in achieving stormwater management, which lien, when filed in the county real estate records, shall have the same status and priority as liens for ad valorem taxes.

(Ord. of 9-28-93; Code 1977, § 3-22.5A-31; Ord. of 4-13-04)