City of El Paso
Excerpt from El Paso Municipal Code
Chapter 19.19 Stormwater Management Requirements
19.19.040 – Stormwater management inspection and maintenance agreements for private facilities.
C. The inspection and maintenance agreement shall identify by name or official title the person(s) responsible for carrying out the inspection and maintenance activities. Responsibility for the operation and maintenance of the stormwater management facility, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor owner. If portions of the land are sold or otherwise transferred, legally binding arrangements shall be made to pass the inspection and maintenance responsibility to the appropriate successors in title. These arrangements shall designate for each portion of the site, the person to be permanently responsible for its inspection and maintenance.
D. As part of the inspection and maintenance agreement, a schedule shall be developed for when and how often routine inspection and maintenance will occur to ensure proper function of the stormwater management facility. The agreement shall also include plans for annual inspections to ensure proper performance of the facility between scheduled maintenance and shall also include remedies for the default thereof.
E. In addition to enforcing the terms of the inspection and maintenance agreement, the city may also enforce all of the following provisions for ongoing inspection and maintenance.
- Maintenance and Inspection of Private Stormwater Facilities.
- Right-of-Entry for Inspection of Private Facilities.
- Records of Maintenance Activities at Private Facilities.
- Failure to Maintain Private Facilities. If a responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the city, after thirty days written notice (except, that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four hours notice shall be sufficient), may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the facility or practice in proper working condition. The city may assess the owner(s) of the facility for the cost of repair work which shall be a lien on the property, and may be placed on the ad valorem tax bill for such property and collected in the ordinary manner for such taxes.
Additional Resources
El Paso Drainage Design Manual
El Paso Municipal Code
El Paso Stormwater Website
El Paso Stormwater Master Plan
