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<br />Ordinance No. 2003-86 <br />(d) If, after inspection, the City Engineer determines that a storm water <br />system management system or sediment pollution control system is malfunctioning <br />because of the accumulation of debris, lack of maintenance or repair or for any other <br />reason, then the City Engineer shall norify the property owner or person in charge of the <br />private property whereon the system is located to correct the situation within thirty days. <br />Tf, after notification, the property owner or person in charge of such property fails to <br />abate the adverse situation, then the City shall either perform the work or cause work to <br />be performed to have the adverse situation abated and thereafter bill the property owner <br />for the cost of repair or maintenance. <br />(e) An approved plan may be changed in the following cases: <br />(1) Where inspection has revealed the inadequacy of the facilities <br />installed to accomplish the storm water management and erosion <br />and sediment control objectives of the approved plan, appropriate <br />modifications to correct the deficiencies of the plan sha11 be <br />submitted to the City Engineer for approval by the person <br />responsible for carrying out the plan; <br />(2) Where the person responsible for carrying out the approved plan <br />finds that because of changed circumstances or for other <br />unexpected conditions the approved plan cannot be effectively <br />carried out, proposed amendments to the plan, consistent with the <br />requirements of this Chapter, shall be submitted to the City <br />Engineer and Planning Commission for approval. <br />(Ord. 94-100. Passed 8-16-94.)" <br />Shall be amended, and, as amended, shall read in its entirety as follows: <br />"927.08 MAINTENANCE. <br />(a) Any portion of the drainage system and storage facilities that is <br />constructed by the developer will be continuously maintained by the owner or owners. <br />The developer shall cause the maintenance obligation to be inserted in the chain of title to <br />the a.ffected lands as a covenant running with the land. <br />(b) The Planning Commission may restrict the planting of trees, shrubbery or <br />plantings with woody growth characteristics, and against the construction therem of <br />building, accessory buildings, fences, walls or any other obstructions to the free flow of <br />storm water or where such may hinder the maintenance of storm water control structures. <br />(c) The owner of the stormwater storage facility is charged with the duty of <br />inspecting the system on an annual basis. An inspection report certified by a registered <br />professional civil engineer shall be furnished to the City Engineering Department each <br />year. <br />(d) If, after inspection, the City Engineer determines that a storm water <br />system management system or sediment pollution control system is malfunctioning <br />because of the accumulation of debris, lack of maintenance or repair or for any other <br />reason, then the City Engineer sha11 notify the property owner or person in charge of the <br />private property whereon the system is located to correct the situation within thirty days. <br />If, after notification, the property owner or person in charge of such property fails to <br />abate the adverse situation, then the City shall either perform the work or cause work to <br />be performed to have the adverse situation abated and thereafter bill the property owner <br />for the cost of repair or maintenance. <br />19 <br />?..,¢«MO.n.?.arti.r.nw ?.... . . .. .. .. _ . . . .... . . . ... .. ..xux -.,.. . . : . . e. .?;? HAt... . . . ... . . . akr.x:,, ..4??.