§ 17.10.190. Private stormwater management facility inspection and maintenance agreement.

A.

Prior to the issuance of any building or grading permit which has a private stormwater management facility as one of the requirements of the permit, the applicant shall execute and deliver to the Department of Public Works, a stormwater management facility inspection and maintenance agreement binding on the applicant (its successors and assigns) and on all owners (their successors and assigns) of land served by the stormwater management facility.

B.

The agreement required by the preceding subsection shall:

1.

Authorize access to the stormwater management facility at reasonable times, for periodic inspection by the City (or its contractor or agent),

2.

Require the property owner and/beneficial users periodically inspect and maintain the stormwater management facility in a proper working condition satisfying the requirements of this chapter,

3.

Include such other items and conditions as the Director of Public Works may require.

C.

The agreement required by this section shall also provide that if, after notice by the Director of Public Works to correct a violation of this chapter, satisfactory corrective measures have not been completed by the owner and or beneficial users within the time specified in the notice, the Director of Public Works may cause to be performed all necessary work to correct the violation and may assess the owner, and/or beneficial users, the cost of the work. The agreement shall further provide that the cost of the work shall constitute a lien on the property and may be placed on the tax bill for the property and collected in the same manner as property taxes. The agreement shall also provide that the owner and/or beneficial users shall be liable for interest, calculated at the maximum legal rate, on the unpaid balance of any such charges until paid, as well as reasonable attorney fees incurred by the City in collecting such balance.

D.

The agreement required by this section shall be recorded among the land records of Anne Arundel County. The cost of such recordation shall be paid by the applicant or the owner.

(Ord. O-26-03 § 1 (part): Ord. O-10-02 § 1 (part))

(Ord. No. O-26-10, § I, 9-13-2010)