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(1) A maintenance agreement in a form acceptable to the City must be executed and <br />recorded with the County for all permanent Storm Water Facilities to be located on <br />private property. The agreement shall provide a maintenance plan defining the <br />party responsible to conduct maintenance, the type of maintenance and the <br />maintenance intervals. <br />150.289 MONITORING AND INSPECTIONS <br />(A) Monitoring and Inspection Requirements for Site Construction. <br />(1) The Applicant is responsible for inspections and record keeping in accordance with <br />the approved Plan requirements and NPDES Permit requirements. The applicant <br />must maintain a copy of the approved Storm Water Management and Erosion and <br />Sediment Control Plans at the site at all times including all daily records required <br />by the plan(s). The applicant must monitor site conditions and make any and all <br />necessary repairs and corrections to the erosion control measures to maintain site <br />compliance. The applicant has a duty to report to the City any illegal offsite <br />discharges. Failure to make a report within 24 hours of the discovery of the offsite <br />discharge shall constitute a violation of this ordinance. <br />(B) City Inspections. <br />(1) The City shall conduct inspections on a regular basis to ensure that both storm <br />water and erosion and sediment control measures are properly installed and <br />maintained prior to construction, during construction, and at the completion of the <br />project. The City shall not be responsible for the direct or indirect consequences to <br />the applicant or to third -parties for non -compliant conditions undetected by <br />inspection. <br />(2) Right of Entry. The issuance of an approved plan under this Ordinance constitutes <br />a right of entry for the City or its contractor to enter upon the construction site for <br />the purpose of obtaining information, examination of records, conducting <br />investigations, inspections or surveys, including the right to bring such equipment <br />to perform such surveys and investigations. The City inspector may copy any <br />books, papers, records, or memoranda pertaining to activities or records required to <br />be kept under the terms and conditions of this site, and may inspect the storm water <br />pollution control and erosion control measures including any sampling and <br />monitoring pertaining to the compliance requirements for the site. <br />(3) Construction shall not occur on the site at any time when the City has identified <br />conditions of non-compliance or a stop work order has been issued. <br />(4) Construction activities undertaken by an applicant prior to resolution of all <br />discrepancies specified by the City shall constitute a violation of this ordinance. <br />(5) Whenever there is insufficient evidence of compliance with any of the provisions <br />of this Ordinance or evidence that any material or construction does not conform to <br />the requirements of the approved plans, the City may require tests as proof of <br />compliance to be made at no expense to the City. Test methods shall be as <br />specified by recognized test standards, or in the absence thereof, by the City. <br />