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17.38.041 Operations and Maintenance Requirements.

A  The owner of a development or redevelopment site that must comply with the standards of the Stormwater Management Manual or the Source Control Manual, to the extent each applies under its terms, must submit an operations and maintenance (O & M) plan and complete an O & M form for the required stormwater management and source control facilities for review and approval by the Director, unless otherwise exempted by the Stormwater Management Manual or Source Control Manual.

1.  The information required in the O & M plan must satisfy the applicable requirements in the Stormwater Management Manual and Source Control Manual, as determined by the City.

2.  A stormwater management facility that receives stormwater from a public right-of-way will be considered a public facility, and maintained by the City, unless the associated right-of-way is not part of the City’s road maintenance system.

3.  The City may enter into agreements with property owners to maintain stormwater facilities in joint facilities where public and private property flows commingle.

4.  Failure to properly operate or maintain a stormwater management or source control facility according to the O & M plan may result in an enforcement action, including a civil penalty, as specified in Section 17.38.045.

5.  A stormwater management facility that serves more than one lot must be clearly identified as being owned in common by all of the owners of the lots served by the facility, a homeowners’ association, a public agency, or a nonprofit organization. If the facility is owned in common, all of the owners are equally responsible for its O & M.

6.  A copy of the O & M plan and O & M form must be filed with the Bureau of Environmental Services.  Staff may require the O & M plan and O & M form to be recorded and filed with the appropriate county Department of Assessment and Taxation.

7.  It is a violation of this Chapter to remove or modify a stormwater management facility in a manner that will or could deviate from permitted site plans, without prior written approval from BES.

B.  The Director may file instruments in county deed records to inform future property owners of regulations and conditions of approval related to the property as provided in this Chapter and associated rules, including the Stormwater Management Manual.

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