17.04.070 Public and Private Responsibilities Under the Stormwater Management System.
(A) Public Responsibilities. The administration of the regulations contained in this title are the responsibility of the City Engineer, who will review and approve stormwater management plans as provided herein. Inspection of private best management practices (BMPs) will be the responsibility of the City Engineer.
(B) Private Responsibilities. Each developer of land within the City has the responsibility to provide all approved stormwater treatment facilities and detention facilities to ensure adequate pollution removal and flood control for stormwater runoff from the developer’s property both during and after construction of such facilities. All installed BMPs must remain accessible for inspection by the City.
(C) Maintenance.
(1) Operation and Maintenance of Publicly Owned Facilities. The City Department of Public Works will be responsible for the maintenance of all drainage structures and improved watercourses which are within public right-of-way or are under public ownership.
(2) Maintenance. Stormwater treatment facilities and detention facilities must be maintained by the property owner, occupant or agent in charge of such property.
(3) Failure to Maintain. If the City Engineer determines that the property owner, occupant or agent in charge of any lot, piece or parcel of land on which a drainage control structure or BMP exists or abuts has failed to properly maintain such facility as previously set forth, then he/she must notify the property owner, occupant or agent in charge of the violation in writing. If the property owner, occupant or agent in charge fails, neglects or refuses to comply with the requirements specified in the notice, the City Engineer may have the necessary remedial work performed and report the costs of such remedial work to the City Clerk.
The City Clerk will then follow the provisions of Chapter 6.06 of the Olathe Municipal Code or K.S.A. 12-1617e to collect the City’s cost, including mailing a statement of costs to the last known address of the property owner, occupant or agent in charge of the property and if such costs are not paid to the City within ten (10) days of such notice, the Governing Body will pass an ordinance levying a special assessment for such costs against the property on which the facility exists or abuts, and the City Clerk will certify such assessment to the County Clerk for collection and payment to the City the same as other assessments and taxes are collected and paid. (Ord. 22-52 § 8, 2022; Ord. 09-25 § 2, 2009.)