§ 33-4-111. MAINTENANCE INSPECTION.

(a)

Department to inspect. The Department shall inspect all ESD treatment systems and structural stormwater management devices and practices to ensure that they are functioning properly:

(1)

During the first year of operation; and

(2)

At least once every 3 years after the first year.

(b)

Repair procedures.

(1)

The following procedures shall apply:

(i)

The owner or owners of any property on which ESD treatment systems and structural stormwater management devices or practices are found to be deficient and in need of maintenance shall be notified of the required repairs and given a reasonable time in which to comply;

(ii)

A follow-up inspection shall be made to determine if the repairs have been completed in a satisfactory manner; and

(iii)

The county and its agent may enter on the property of persons who do not comply with a maintenance notification requiring repairs to any stormwater management devices or practices to perform the necessary maintenance and to assess any direct or indirect cost involved to the owner or owners of the property, including the owners of all property served by the device or practice, which cost shall be a lien on the property of the owner or owners in the same manner as real property taxes, and shall be collected in the same manner provided by law for the collection of real property taxes.

(2)

The county may collect the costs imposed under paragraph (1) of this section:

(i)

In annual installments not exceeding three in number;

(ii)

With interest at the rate of 6% per annum, on an amortized basis; and

(iii)

On such other terms and conditions as considered appropriate by the county.

(c)

Department to maintain inspection reports. The Department shall maintain inspection reports for ESD treatment systems and structural stormwater management devices and practices that include the following information:

(1)

The date of inspection;

(2)

The name of inspector;

(3)

The condition of:

(i)

Vegetation and landscaping;

(ii)

Fences;

(iii)

Spillways, valves, or other control structures;

(iv)

Embankments, slopes, and safety benches;

(v)

Reservoir and treatment areas;

(vi)

Inlet and outlet channels or structures;

(vii)

Underground drainage;

(viii)

Sediment and debris accumulation in reservoir and forebay areas;

(ix)

ESD treatment systems and structural stormwater management devices and practices, to the extent practicable; and

(x)

Any other item which could affect the proper function of the stormwater management system; and

(4)

A description of needed maintenance.

(1988 Code, § 14-160) (Bill No. 53-01, § 1, 7-2-2001; Bill No. 94-02, § 2, 7-1-2004; Bill No. 75-03, § 45, 7-1-2004; Bill No. 84-08, § 1, 8-15-2008; Bill No. 25-10, § 1, 6-1-2010)

Editor's note:
  Section 3 of Bill No. 25-10 provides that the legislation is retroactive to May 4, 2010.