A. The person or persons holding title to the property and the applicant required to construct a stormwater facility or stormwater treatment and flow control BMPs/facility shall remain responsible for the facility’s continual performance, operation and maintenance in accordance with the standards and requirements of the Department and remain responsible for any liability as a result of these duties. This requirement shall apply to all facilities not otherwise accepted by the City for maintenance in accordance with IMC 13.28.080. For facilities approved but not accepted by the City, a copy of the operation and maintenance manual prepared in accordance with the approved permit for the facility shall be retained on site or within reasonable access to the site, and shall be transferred with the property to the new owner. The operations and maintenance manual for the facility shall identify the equipment and access required for maintenance. All stormwater facilities and stormwater treatment and flow control BMPs/facilities shall be accessible to maintenance vehicles and equipment.

B. The City is authorized to inspect stormwater facilities and stormwater treatment and flow control BMPs/facilities and issue orders requiring maintenance and/or repair, replacement, or restoration in accordance with IMC 13.28.130. Failure to effect such maintenance and/or repairs, replacement, or restoration constitutes a violation of this chapter, and the penalties provided in Chapter 8.45 IMC shall be enforced against the person or persons holding title to the subject property served by the facility.

C. Where not specifically defined in this section, the responsibility for performance, operation and maintenance of stormwater facilities, stormwater treatment and flow control BMPs/facilities, and conveyance systems, both natural and constructed, shall be determined on a case-by-case basis. (Ord. 2783 § 2 (Exh. A2), 2016; Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).