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DRAFT 927.09 STREETS UTILITIES AND PUBLIC SERVICES CODE 66P 927.08 MAINTENANCE. (a) Any portion of the drainage system and storage facilities, that is constructed by the developer will be continuously maintained by the owner or owners. The developer shall cause the maintenance obligations to be inserted in the chain of title to the affected lands as a covenant running with the land. Such easement shall provide for and require the owner to an (b) The Planning and Design Commission and the Citv Engineering Department may restrict the planting of trees, shrubbery or plantings with woody growth characteristics, and against the construction therein of building, accessory buildings, fences, walls or any other obstructions to the free flow of storm water or where such may hinder the maintenance of storm water control structures. (c) The owner of the stormwater storage facility is charged with the duty of inspecting the system on an annual basis. An inspection report certified by a registered professional civil engineer shall be furnished to the City Engineering Department each year. ThP Cl+V T/ nrrinnn.+ aL...ll ......., l '?"'__ _ __ __ _ r • . . W issu (d) If, after inspection, the City Engineer determines that a storm water system management system or sediment pollution control system is malfunctioning because of the accumulation of debris, lack of maintenance or repair or for any other reason, then the City Engineer shall notify the property owner or person in charge of the private property whereon the system is located to correct the situation within thirty days. If, after notification, the property owner or person in charge of such property fails to abate the adverse situation, then the City may shall-either perform the work or cause work to be performed to have the adverse situation abated and thereafter bill the property owner for the cost of repair or maintenance. If the owner fails to pay the cost of such nuisance abatement, then the Citv mavi certifv such costs to the Countv as a Len or special assessment upon the tax dunhcate Notwithstandini! such nuisance AI (e) An approved plan may be changed in the following cases: (1) Where inspection has revealed the inadequacy of the facilities installed to accomplish the storm water management and erosion and sediment control objectives of the approved plan, appropriate modifications to correct the deficiencies of the plan shall be submitted to the City Engineer for approval by the person responsible for carrying out the plan; (2) Where the person responsible for carrying out the approved plan finds that because of changed circumstances or for other unexpected conditions the approved plan cannot be effectively carried out, proposed amendments to the plan, consistent with the requirements of this Chapter, shall be submitted to the City Engineer and Planning and Design Commission for approvaL (Ord. 2003-86. Passed 5-18-04.) 927.09 PERFORMANCE BOND. Priar to the issuance of any permits for construction which would require a storm water