§ 86-189. Privately-owned erosion control requirements.

(a)

Stormwater system responsible party.

(1)

For privately-owned stormwater drainage systems and/or water quality devices used for residential or commercial areas, the developer shall be responsible for all of the maintenance and repair of such stormwater drainage systems and/or water quality devices serving that residential or commercial area until the developer or owner no longer has an ownership interest in any property served by the stormwater drainage system and/or water quality device.

(2)

Once a homeowners' association (HOA) is organized and becomes active for a residential area served by a stormwater drainage system and/or water quality device, the homeowners' association shall be responsible for the maintenance and repair of the stormwater drainage system and/or water quality device. In the event there is no active homeowners' association or the homeowners' association fails to maintain the privately-owned stormwater drainage system and/or water quality device, then the city may, but is not required, to maintain and repair the system and/or device.

(3)

Maintenance of a storm drainage system and/or water quality device shall include such items, but not be limited to:

a.

Mowing of tall weeds and grass;

b.

Regular and routine removal of floatables and debris;

c.

Dredging of silt and removal off-site;

d.

Correcting failures of inlet or outlet control structures;

e.

Implementation of erosion mitigation measures;

f.

Repair and maintenance of aeration equipment; and

g.

Maintaining optimal operation of underground and above ground detention.

(b)

Disclosure of HOA information to the MS4.

(1)

Upon the organization and formation of a homeowners' association, the HOA should provide updated contact information to the city for compliance and reporting communications. The minimum information to be provided by the HOA to the city includes:

a.

Name of subdivision and homeowners' association;

b.

Name, address, telephone number and email address of any management company involved with activities related to the HOA (if applicable);

c.

Name, address, telephone number and email address of a direct contact person representing or authorized to act on behalf of the HOA;

d.

Date of formation of the HOA;

e.

Current listing of stormwater drainage structures and/or water quality devices over which the homeowner's association has control; and

f.

Dates when any changes were made to the HOA board, structure or the storm drainage system and/or water quality device over which the HOA has control.

(2)

Any changes to the contact information regarding the HOA must be reported immediately to the city planning department.

(3)

The HOA is required to annually contact with the city planning department to ensure that all information is up to date.

(c)

Authorization to inspect, adopt and impose best management practices.

(1)

The city has the authority to conduct stormwater inspections to require implementation of best management practices where appropriate.

(2)

The selection, application and maintenance of BMPs must be sufficient to prevent or reduce the likelihood of pollutants entering the receiving storm drainage system.

(3)

The city may adopt and impose requirements identifying specific BMPs for any activity, operation or facility, which may cause a discharge of pollutants to the storm drainage system. Where specific BMPs are required, every person undertaking such activity or operation or owning or operating such facility shall implement and maintain BMPs at the person's own expense.

(Ord. No. O-2012-003-011, § 1, 2-13-12)