Chapter 14.17
OPERATION AND MAINTENANCE OF PRIVATE STORM DRAINAGE SYSTEMS
Sections:
14.17.020 Minimum storm water facility maintenance standards.
14.17.030 Maintenance of drainage ditches.
14.17.035 Maintenance of low impact development (LID) facilities.
14.17.100 No special duty created.
14.17.010 Duty to maintain.
It shall be the duty of the property owner to maintain, repair and renew, at the owner’s own expense, all private storm water disposal systems located on the property or within an area of shared interest owned in common with other property owners. Should private storm water facilities not be maintained in accordance with city standards, then the city may choose to perform the necessary maintenance and charge the property owner or property owners’ association. Alternatively, the city may pursue other legal options, including condemning the property as a health and safety nuisance and acquiring ownership thereof. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2245 § 4, 1999).
14.17.020 Minimum storm water facility maintenance standards.
The following are the minimum standards for the maintenance of storm water facilities:
(1) It shall be the duty of the owner to maintain, repair and restore, at the owner’s expense, all private storm water and drainage systems located on the owner’s property or within an area of shared interest owned in common with other property owners. Maintenance shall be performed in accordance with the Stormwater Manual and in accordance with any maintenance schedule or approved maintenance manual for the facility that was adopted during the plan review process for constructing the facilities.
(2) No person shall cause or permit any drainage system located on the owner’s property to be obstructed, filled, graded, or used for disposal of debris.
(3) Inspection frequency shall be as specified in the Stormwater Manual or approved maintenance manual. Records of the inspection shall be retained on site or by the owner or administrator of the facility. If records are requested by the director, response is required within 90 days.
(4) Vegetated storm water facilities, such as grassed swales and biofilters, shall be inspected, mowed and replanted as required by the Stormwater Manual or other applicable maintenance manual as set forth herein.
(5) When an inspection identifies an exceedance of the maintenance standard, maintenance shall be performed in accordance with the following schedule:
(a) Within one year for typical maintenance of facilities, except catch basins.
(b) Within six months for catch basins.
(c) Within two years for maintenance that requires construction of less than $25,000.
(6) Disposal of waste from maintenance activities shall be conducted in accordance with Chapter 173-304 WAC, Minimum Functional Standards for Solid Waste Handling; guidelines published by the Washington State Department of Ecology for disposal of waste materials from storm water maintenance activities; and, where appropriate, Chapter 173-303 WAC, Dangerous Waste Regulations. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2245 § 4, 1999).
14.17.030 Maintenance of drainage ditches.
(1) Open drainage ditches located on private property or within public drainage easements shall be cleaned, maintained and protected in continuous compliance with the standards and specifications of the city. Responsibility for such work shall be borne by the owner of the underlying property; provided, that the city shall bear such responsibility for regional drainage ditches, as determined by the director of the department of public works, if the same are publicly owned or within public easements which are accessible to city personnel. Any party may appeal a determination of the director in this regard to the city council, and the decision of the city council shall be final.
(2) No person shall cause or permit open drainage swales and ditches to be obstructed, filled, graded or used for disposal of debris.
(3) Upon receiving express approval from the director of the department of public works, a property owner may convert a drainage ditch into an enclosed drainage system. Such work shall be performed in compliance with the standards and specifications of the city and shall be subject to inspection and approval by the department of public works. Culverts and drainage appurtenances installed by private owners may be conveyed to the city, at no cost, by a bill of sale. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2245 § 4, 1999).
14.17.035 Maintenance of low impact development (LID) facilities.
(1) Approved LID facilities, which are located on private property or in public street rights-of-way but dedicated to private ownership, shall be cleaned, maintained and protected in continuous compliance with this title, the standards and specifications of the city, and any recorded maintenance agreements. Responsibility for such work shall be borne by the owner of the underlying property or parties with shared ownership interest.
(2) Property owners shall inspect and maintain approved LID facilities in accordance with the maintenance requirements set forth in the Stormwater Manual as needed or as specified in said manual and in city standards, maintenance specifications, and any recorded maintenance agreements.
(3) If an approved LID facility required to be maintained by a private property owner fails to perform as designed due to lack of maintenance, the city has the authority to perform the necessary maintenance, and to recoup the costs incurred from the property owner directly or by liening the property. (Ord. 3218 § 2 (Exh. B), 2022; Ord. 3035 § 5 (Exh. E), 2016; Ord. 2816 § 1 (Exh. A), 2010; Ord. 2694 § 4, 2007).
14.17.040 Inspection by city.
(1) The public works director or designee is directed and authorized to develop an inspection program for storm water facilities in the city of Marysville.
(2) Inspection Schedule. The public works director or designee may establish a master inspection and maintenance schedule to inspect appropriate storm water facilities that are not owned by the city.
(3) Inspection and Maintenance Records. As existing storm water facilities are encountered, they shall be added to the master inspection and maintenance schedule. Records of new storm water facilities shall include the following:
(a) As-built plans and locations.
(b) Findings of fact from any exemption granted by the local government.
(c) Operation and maintenance requirements and records of inspection, maintenance, actions and frequencies.
(d) Engineering reports, as appropriate.
(4) As a condition of approval of storm water facilities, property owners or occupants of the site shall allow any authorized representative of the engineer access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, and record examinations. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2245 § 4, 1999).
14.17.080 Enforcement.
Enforcement of the provisions of this chapter shall be as set forth in MMC Title 4. (Ord. 2816 § 1, 2010).
14.17.090 Exemptions.
(1) Storm water facilities owned and maintained by the Washington State Department of Transportation in state highway rights-of-way which are regulated by and meet the requirements of Chapter 173-270 WAC, the Puget Sound Highway Runoff Program, are exempted from the requirements of this chapter.
(2) Except as specified by covenant or other instrument recorded on the title of adjacent property, storm water facilities located in city of Marysville rights-of-way shall be maintained by the city and are exempted from the requirements of this chapter.
(3) Requests for exemption shall be filed in writing with the public works director or designee and shall adequately detail the basis for granting an exemption.
(4) The decision of the public works director or designee concerning a request for an exemption shall be made in writing for review of the city council.
(5) The decision of the public works director or designee as to an exemption or denial thereof may be appealed to the city council by filing written notice of appeal with the city clerk within 10 days of service of the public works director or designee’s decision. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2694 § 4, 2007; Ord. 2245 § 4, 1999).
14.17.100 No special duty created.
(1) It is the purpose of this chapter to provide for the health, welfare, and safety of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this chapter. No provision or term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers, agents, or employees, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.
(2) Nothing contained in this chapter is intended to be, nor shall be, construed to create or form the basis for any liability on the part of the city or its officers, agents, and employees for any injury or damage resulting from the failure of any premises to abate a nuisance or to comply with the provisions of this chapter or by a reason or as a consequence of any inspection, notice, or order, in connection with the implementation or enforcement of this chapter, or by reason of any action of the city related in any manner to enforcement of this chapter by its officers, agents, or employees. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2245 § 4, 1999).
14.17.110 Severability.
If any section, subsection, sentence, clause, phrase, or word in this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this chapter. (Ord. 2816 § 1 (Exh. A), 2010; Ord. 2245 § 4, 1999).