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• <br />(3) <br />• <br />• <br />DRAFT 4 -28 -2010 <br />4. Charge the applicant for all costs associated with correcting the failure or <br />remediating damage from the failure. If payment is not made within thirty (30) <br />days, payment will be made from the applicant's financial securities. <br />5. Bring other actions against the applicant to recover costs of remediation or <br />meeting the terms of this ordinance. <br />6. Any person, firm, or corporation failing to comply with or violating any of <br />these regulations shall be prosecuted to the extent of the law. Each day that a <br />separate violation exists shall constitute a separate offense. <br />Post - Construction Inspection and Maintenance of Storm Water Facilities <br />(a) Private Storm Water Facilities - No private storm water facility may be approved <br />unless a maintenance agreement is provided that defines who will conduct maintenance, <br />the type of maintenance, and the maintenance intervals. All private storm water facilities <br />shall be inspected annually and maintained in proper condition consistent with the <br />performance standards for which they were originally designed. <br />1. Facility Access - Access to all storm water facilities must be inspected <br />annually and maintained as necessary. It shall be the responsibility of the <br />applicant to obtain any necessary easements or other property interests to allow <br />access to the facilities for inspection or maintenance for both the responsible party <br />and the City. <br />2. Removal of Settled Materials - All settled materials from ponds, sumps, <br />grit chambers, and other devices, including settled solids, shall be removed and <br />properly disposed of. <br />3. Inspection - All private storm water facilities must submit a record grading <br />plan of the facility and must provide documentation to the City of an inspection <br />during construction during the first year of operation and at least once every five <br />years thereafter. Private facilities are subject to City inspection at any time to <br />ensure compliance. <br />(b) Public Storm Water Facilities <br />1. Acceptance of Publicly Owned Facilities - Before work under the permit <br />is deemed complete, the pelluiittee must submit as- builts and a maintenance plan <br />demonstrating at the time of final stabilization that the storm water facilities <br />conform to design specifications. A final inspection shall be required before the <br />City accepts ownership of the storm water facilities. <br />2. Inventory of Storm Water Facilities - Upon adoption of this ordinance, the <br />City shall inventory and maintain a database for all public storm water facilities <br />within the City requiring maintenance to ensure compliance with this ordinance. <br />19 <br />