2025 3 18 Packet 2

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ORDINANCE NO. 1138 
Page 13 of 19 
 
(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   
(a) The City shall in writing notify the owners of existing locations and developments 
of specific drainage, erosion or sediment problems affecting or caused by such 
locations and developments, and the specific actions required to correct those 
problems.  The notice shall also specify a reasonable time for compliance. 
Discharges from existing SCM’s that have not been maintained and/or inspected 
in accordance with this ordinance shall be regarded as non-compliant discharges. 
(b) Inspection of existing facilities.  The City may, to the extent authorized by state 
and federal law, enter and inspect private property for the purpose of determining 
if there are illicit non-stormwater discharges, and to establish inspection programs 
to verify that all stormwater management facilities are functioning within design 
limits. These 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 the City’s NPDES MS4 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 
drainage control facilities; and evaluating the condition of drainage control 
facilities and other SCM’s. 
(3) Owner/Operator Inspections.  The owners and/or operators of the SCMs shall: 
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