17.16.080 Maintenance and Repair of Facilities.
(A) Required Maintenance Agreement. Prior to issuance of any Permit that includes construction of a Stormwater Treatment Facility, the Applicant or Property Owner of the site shall provide a Maintenance Agreement for approval by the City Engineer. At a minimum, the Maintenance Agreement shall:
(1) Identify the responsible party for maintaining all Stormwater Treatment Facilities.
(2) Include an attachment showing the locations of all Stormwater Treatment Facilities.
(3) Provide access easements reserved for the responsible party to access and maintain all Stormwater Treatment Facilities, as well as right of access to the City as provided in other sections of this Chapter.
(4) Establish minimum frequency and levels of maintenance and inspections to be done. Identify and itemize anticipated annual maintenance expenditures that will be required during each of the first five (5) years of operation after termination of the contractor maintenance period, so that the responsible party may better plan for future maintenance costs.
(5) Identify resources available to provide maintenance.
(6) Identify prohibited practices and homes and/or business association enforcement process for restoration.
(7) Identify the City’s rights in the event that the responsible party fails to or is unable to perform any of the obligations of the Maintenance Agreement.
(8) Clarify how modifications or additions can be made to the Maintenance Agreement.
(9) Be filed as a covenant to the recorded deeds of all lots to enforce the imposition of any special tax assessment that may be necessary to maintain Stormwater Treatment Facilities if the responsible party fails to or is unable to perform any of the obligations in the Maintenance Agreement.
(B) Formation of Homes or Business Association. The Property Owner or Developer shall form a homes or business association prior to the sale of any lots, and the homes or business association covenants shall include, or reference, the provisions of the approved Maintenance Agreement. The homes association or business association covenants shall include provisions collecting maintenance costs for Stormwater Treatment Facilities.
(C) Notice on Plat or Title. The final Plat and homes or business association deed restrictions shall contain language approved by the City Engineer to provide notice of facility presence and maintenance obligations. Said deed restriction shall be recorded with the Johnson County, Kansas Records and Tax Administration concurrent or prior to recording of the final plat or approval of final plans. The notice shall run with the land and failure to provide this notice to any purchaser prior to transferring any interest in the property shall be in violation of this Chapter and State law. The notice shall be in a form approved by the City Engineer and substantially as set forth below:
“Notice: This site includes Stormwater Treatment Facilities, as defined and regulated in the Olathe Municipal Code. Restrictions on the use or alteration of the said Facilities may apply. This property is also subject to the obligations and requirements of the Stormwater Treatment Facility Maintenance Agreement approved by the City.”
When the proposal involves a final Plat, this notice shall appear on the face of the Plat, as recorded. When the proposals do not involve a final Plat, the notice shall be in the form of a notice of presence recorded with the Johnson County, Kansas Records and Tax Administration, and the notice shall include the legal description of the property, the current Property Owner, the application date and other reference to the project, and the notarized signature of the Property Owner or Owners.
(D) City Inspection of Stormwater Treatment Facilities. The City shall establish an inspection program, including but not limited to: routine inspections, random inspections, inspections based upon complaints or other notice of possible violations, inspection of drainage basins or areas identified as higher than typical sources of Sediment or other contaminants or pollutants, inspections of businesses or industries of a type associated with higher than usual Discharges of contaminants or pollutants or with Discharges of a type which are more likely than the typical Discharge to cause violations of State or federal water or Sediment quality standards or the NPDES Stormwater Permit, and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records, sampling Discharges, Surface Water, groundwater, and material or water in drainage control facilities, and evaluating the condition of drainage control facilities and other Stormwater Treatment practices.
(E) Right of Entry for Inspection. When any Stormwater Treatment Facility is installed on private property, or when any new connection is made between private property and a public storm sewer system, the Property Owner shall grant to the City in a manner and form acceptable to the City Engineer, the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when the City Engineer has a reasonable basis to believe that a violation of this Title is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this Title.
(F) Records of Installation and Maintenance Activities. Parties responsible for the operation and maintenance of a Stormwater Treatment Facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least five (5) years. These records shall be made available to the City Engineer during inspection of the Facility and at other reasonable times upon request.
(G) Failure to Maintain Practices. If a responsible party fails to or refuses to meet the requirements of the Maintenance Agreement, the City Engineer, after reasonable notice, may correct a violation of the Standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the Stormwater Treatment Facility becomes a danger to public safety or public health, the City Engineer shall notify the party responsible for maintenance of the Stormwater Treatment Facility in writing. Upon receipt of that notice, the responsible Person shall have thirty (30) days to affect maintenance and repair of the Facility in an approved manner. In the event of an emergency, when the City Engineer determines that the Facility poses an immediate danger to life or property, no notification period shall be required prior to beginning mitigation work. After proper notice, the City Engineer will enforce the maintenance provisions of this Chapter with any or all of the following enforcement measures:
(1) Notice of Violation. The City Engineer is authorized to serve a notice of violation or order on any Person or entity responsible for maintaining the Facility. Such notice shall order abatement of the violation by the responsible Person or entity.
(2) Lien on Property. The City Engineer may assess the Property Owner(s) of the Facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the County after compliance with KSA 12-1617e. (Ord. 09-25 § 2, 2009.)