The City of Lakewood has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The City of Lakewood is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Lakewood will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Lakewood, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Lakewood has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
13.14.050 Inspection and sampling.
It is lawful for a city employee or consultant to enter upon private property to perform inspection and sampling necessary to determine if the provisions of this chapter are being complied with if: A. The city has obtained a search warrant; or B. The city has obtained the consent of the person in possession of the property. (Ord. O92-55 § 1 (part), 1992).
13.14.090 Enforcement-Violations-Penalties.
13.14.100 Stormwater Discharge Permit.
The term “significant” as it relates to the City of Lakewood’s Stormwater Discharge Permit requirements for development and redevelopment is defined as:
14.15.090 Public and private responsibilities for maintenance of system
B. Private Responsibilities.
If the Director has determined that the city will not accept the responsibility for maintenance and operation of a stormwater management system, the owner of the land then has the responsibility for the maintenance and operation of the stormwater management system. Such responsibility shall be assumed by subsequent owners.
If the city has determined that the property owner has not properly maintained or operated the stormwater management system, the Director shall cause notice to be served upon the property owner. Such notice shall be in writing, signed by the Director, and shall be personally served upon the property owner. The notice shall specifically state why the stormwater management system has been determined to be improperly maintained or operated and the procedures which must be undertaken to correct the system's deficiencies.
Any person wishing to appeal the city's determination that the stormwater management system has not been properly maintained or operated shall file a written petition with the Director as described in Section 14.15.110. If the property owner does not appeal or correct the deficiencies within fourteen days of service of the notice, the city has the right to enter the property, maintain the stormwater management facilities, and require reimbursement for the costs that may be incurred by the city. (Ord. O-81-165 § 6(C), 1981).