(a) Maintenance Responsibility.
(1)The utility is responsible for maintaining, repairing, and replacing public drainage facilities.
(2) Owners of private drainage facilities, including but not limited to detention facilities, runoff treatment facilities and conveyance facilities, are responsible for the operation, maintenance, repair, and replacement of those facilities.
(3) In new subdivisions and short plats, maintenance responsibility for private drainage facilities shall be specified on the recorded subdivision or short plat.
(4) If a private stormwater treatment and flow control BMP/facility serves multiple lots and the responsibility for maintenance has not been specified on the subdivision plat, short plat or other legal document, maintenance responsibility shall rest with the homeowners association, if one exists, or otherwise with the properties served by the facility, or finally, with the owners of the property on which the facilities are located.
(b) Inspection and Maintenance Standards. Drainage facilities shall be maintained so that they operate as intended. Stormwater maintenance standards shall be in accordance with the stormwater manual, the engineering standards, and in accordance with the O&M manual approved for the stormwater treatment and flow control BMP/facility.
(c) Ongoing Inspections. The regular inspection of privately owned storm drainage facilities or controls is essential to enable the city to evaluate the proper operation of the storm and surface water system and the environment. The city shall have access to private stormwater facilities for inspection to ensure they are properly operated and maintained in accordance with the stormwater manual per Section 13.28.080. Annual inspections will be conducted by city staff on all stormwater treatment and flow control BMPs/facilities that discharge to the storm and surface water system that have been built since the date listed in the city's current NPDES II permit, unless available maintenance records can be used to justify a reduced inspection frequency.
(e) When an inspection identifies an exceedance of the maintenance standard, maintenance shall be performed:
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