2025 2 18 Regular Session Packet 1

Unverified text extraction. Check the original page for numbers, names, and layout.

permanent stormwater maintenance agreement that runs with the land, the owners 
of property must execute an inspection and maintenance agreement that shall 
operate as a deed restriction binding on the current property owners and all 
subsequent property owners and their lessees and assigns, including but not 
limited to, homeowner associations or other groups or entities. 
(b) The maintenance agreement shall: 
(i.) Assign responsibility for the maintenance and repair of the stormwater 
facility to the owners of the property upon which the facility is located 
and be recorded as such on the plat for the property by appropriate 
notation. 
(ii.) Provide for a periodic inspection by the property owners in accordance 
with the requirements of subsection (5) below for the purpose of 
documenting maintenance and repair needs and to ensure compliance 
with the requirements of this ordinance.  The property owners will 
arrange for this inspection to be conducted by individual(s) approved by 
the City who will submit a signed written report of the inspection to the 
City.  It shall also grant permission to the City to enter the property at 
reasonable times and to inspect the stormwater facility to ensure that it is 
being properly maintained. 
(iii.) Provide that the minimum maintenance and repair needs include but are 
not limited to:   
1. The removal of silt, litter and other debris. 
2. The cutting of grass, cutting and removal of vegetation.  
3. The replacement of landscape vegetation, in detention and 
retention basins, and inlets and drainage pipes and other 
stormwater facilities.  
(iv.) Provide that the property owners shall be responsible for additional 
maintenance and repair needed to meet the intended design specification 
of the stormwater facility. 
(v.) Provide that maintenance needs must be addressed in a timely manner, 
on a schedule to be determined by the City. 
(vi.) Provide that if the property is not maintained or repaired within the 
prescribed schedule, the City shall perform the maintenance and repair at 
its expense and bill the same to the property owner. The maintenance 
agreement shall also provide that the City’s cost of performing the 
maintenance shall be a lien against the property. 
(2) Existing problem locations – no maintenance agreement   
96