16.15.050 Stormwater System Maintenance Agreement.
A. Responsible Party. Owners are responsible for the operation and maintenance of stormwater facilities on their property.
B. Requirement for Stormwater System Maintenance Agreement. If a project requiring a drainage submittal requires structural or nonstructural measures, the owner shall execute a stormwater system maintenance agreement prior to the City granting final approval of any development plan or other development for which a permit is required under this title. The stormwater system maintenance agreement shall be recorded in the office of the Deschutes County Clerk and shall run with the land.
C. Required Elements for Stormwater System Maintenance Agreement. The stormwater system maintenance agreement shall be in a form approved by the City, and shall, at a minimum:
1. Require the owner of the property, including successor owners, to maintain the stormwater system on the property so that the system continues to function as planned.
2. Grant the City the right to enter the property at reasonable times with at least 24-hour notice except in instances of emergency to inspect the system and take corrective action.
D. Maintenance Responsibility. Property owners shall maintain in good condition and promptly repair and restore all structural and nonstructural stormwater BMPs, and all necessary access routes and appurtenances (e.g., graded surfaces, walls, drains, check dams and structures, UICs, catch basins, pipes, vegetation adjacent to the inlets and within the facility, erosion and sedimentation controls, and other protective devices).
E. Maintenance Records Required. The owner or other responsible party shall make at least annual inspections of the facilities and maintain records of such inspections. Stormwater BMP inspection, maintenance and repair records shall be retained by the owner or their designee for a period of five years, and shall be made available to the City upon request.
F. Maintenance Inspection by Stormwater Authority. The City shall retain the right to conduct periodic inspections for all stormwater BMPs, which shall be documented in writing. The inspection shall document any maintenance and repair needs, and any discrepancies from the stormwater system maintenance agreement.
Whenever necessary to make an inspection to enforce any of the provisions of this title, or whenever the City has reasonable cause to believe that there exists in any building or upon any premises any condition that may constitute a violation of the provisions of this title, City personnel may inspect buildings or premises at all reasonable times; provided, that:
1. If the building or premises is occupied, City personnel shall first present proper credentials and request entry.
2. If the building or premises is unoccupied, City personnel shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.
3. The property owner or occupant has the right to refuse entry but, in the event entry is refused, the City may seek a warrant to authorize entry and inspection.
Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this title, including, but not limited to, random sampling and/or sampling in areas with evidence of stormwater pollution, illicit discharges, or similar factors.
G. Failure to Provide Adequate Maintenance. 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 personally or by registered or certified mail. The notice shall specify the measures needed to comply with the stormwater system maintenance agreement, and shall specify that the responsible party has 30 days or other time frame mutually agreed to between the City and the responsible party to complete the necessary measures to comply with the agreement. If such measures are not completed, then the City may pursue enforcement procedures.
If a responsible person fails or refuses to meet the requirements of an inspection report or the stormwater system maintenance agreement, the City, after 30 days’ written notice (except, in the event the violation constitutes an immediate danger to public health or public safety, 24-hour notice shall be sufficient), may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the facility in proper working condition. This necessary corrective or maintenance work shall be performed at the owner’s expense. [Ord. NS-2176, 2012]