A. If any person constructing stormwater facilities and/or receiving approval of stormwater site plans prior to the effective date of this chapter demonstrates to the city’s satisfaction compliance with the requirements of this chapter, the city may, as set forth in EMC 14.28.090 or elsewhere in this chapter, assume operation and maintenance of the facilities.

B. In cases in which all or part of the stormwater facilities are not accessible for maintenance purposes due to overlying structures or other causes, the city shall be, by written agreement approved by the office of the city attorney, indemnified from all costs and held harmless from damages and injuries which might occur due to failure of design or workmanship of those segments, and further will not be responsible for their maintenance, replacement, or rehabilitation. (Ord. 3880-22 § 4 (Exh. A), 2022.)