§ 26-281. Maintenance of preexisting commercial/industrial stormwater management facilities.

(a)

All commercial/industrial stormwater management facilities in existence in the county on the effective date of this article shall be maintained by the owners thereof in such a manner as to maintain and enhance the public health, safety, and general welfare in order to be assured that such facilities are safe and will not result in injury or harm to persons or property; to reduce and minimize damage to public and private property; to reduce and minimize the impact of such facilities on land and stream channel erosion; to assist in the attainment and maintenance of water quality standards; to reduce local flooding; and to maintain, as nearly as possible, the preexisting development runoff characteristics of the area. All such maintenance of such facilities shall be at the sole cost and expense of the owners thereof.

(b)

The county shall have the authority to take necessary steps to abate any nuisance as that term is defined by applicable law.

(c)

If the charges and costs provided for in subsection (b) of this section remain unpaid by the owner for a period of 30 days after notice thereof to the owner or occupant of the property upon which such conditions existed, the county's duly authorized representative shall cause a lien to be issued against the owner of the property for those charges. The execution shall be a lien on the property and, when recorded in the general execution docket of the county, shall be a lien on all property of the defendant in execution from the date of such recording.

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