§ 26-276. Maintenance.

(a)

Any stormwater management facility or BMP which services a residential, commercial, or industrial development shall be privately owned and privately maintained so that the facilities operate as originally designed. The owner thereof shall grant to the county, a perpetual, nonexclusive easement which allows for public inspection and emergency repair, in accordance with the terms of the maintenance agreement set forth in section 26-277. The county may periodically inspect all privately owned and maintained stormwater management facilities and BMPs for compliance with this article and the county criteria. Failure to maintain such facilities shall be considered a violation and subject the owner to the considerations of this article to rectify the situation or be subject to the penalties in section 26-113.

(b)

All regional stormwater management control facilities, identified by the county's storm drainage master plan, shall be publicly maintained.

(c)

All other stormwater management control facilities and BMPs shall be privately owned and/or maintained, unless specifically accepted for ownership and maintenance by the county.

(d)

Private maintenance requirements shall be a part of the deed to the affected property.

(95-0093, art. V, § A, 3-15-95; Ord. No. 08-0194, 2-20-08)