14.28.120 Maintenance and operations of private stormwater drainage systems.
Maintenance of private stormwater drainage systems and infrastructure is required to ensure the ongoing effectiveness of the facilities and the protection of life and property. All private stormwater drainage systems shall be maintained by the owner or operator thereof in a safe and proper operating condition, and in compliance with all applicable requirements of this chapter and regulations and procedures adopted hereunder. The city assumes no responsibility for maintenance and operation of private stormwater drainage systems, except for private stormwater drainage systems where the city has expressly assumed maintenance and operation as provided in EMC 14.28.090 or elsewhere in this chapter.
A. Any person or persons holding title to the property containing a stormwater facility shall be responsible for the continual performance, operation, maintenance, and repair of the facility in accordance with the criteria in this chapter and Volume V of the Stormwater Management Manual. The responsibility for maintenance of the stormwater facilities shall transfer with the property unless otherwise agreed by the parties in a recorded document pre-approved in writing by the director or designee.
B. The city is authorized to enter at all reasonable times in or upon any property for the purpose of investigating or inspecting a stormwater facility, stormwater drainage systems, or any condition relating to the provisions in this chapter and issue orders, including, but not limited to, requiring maintenance and/or repair, replacement, or restoration. (See EMC 14.28.150.)
C. The director shall establish inspection, scheduling, standards and compliance procedures for inspections and maintenance of all private stormwater facilities. The director may develop additional maintenance requirements as necessary to comply with federal or state regulatory programs.
D. No person shall cause or permit a stormwater facility or stormwater drainage system to be obstructed, filled, graded, or used for disposal of debris. Any such activity constitutes a violation of this chapter.
E. Any modification of an existing stormwater facility or stormwater drainage system must be approved and permitted by the city with a public works permit. Failure to obtain permits and approvals or to comply with conditions thereof for any such alteration constitutes a violation of this chapter. (Ord. 3880-22 § 4 (Exh. A), 2022.)