13.48.180 Inspection and compliance with storm drainage requirements.
A. The city shall have the authority to establish the necessary recorded instrument that identifies required storm best management practices (BMPs), location, and maintenance obligations.
B. Duly authorized personnel of the city shall have free access to public and private property at hours subject to the provisions of ACC 1.20.010 for the purpose of:
1. Inspecting storm drainage facilities, the manner in which they are being used, and the satisfactory compliance with the provisions of this article.
2. Inspecting the property to ensure that on-site activities are using the BMPs identified in the SWMM that are intended to prevent pollutants from entering the storm drainage facilities and that are applicable to the on-site activities, as required by the source control program provisions in the city’s NPDES permit.
C. Any property, where the existing storm drainage facilities were constructed per approved construction plans, found to be in nonconformance with such plans, shall be required to correct all such nonconformances as directed by the city. If, after proper notice, the property owner does not comply with set requirements as directed by the city, then the city shall have the authority to correct such nonconformances and the property owner shall be responsible for reimbursing the city for all reasonable costs. Any delinquent payments shall constitute a lien as fixed by ACC 13.06.290 and Chapter 35.67 RCW.
D. If the city determines that the on-site activities or actions of a property owner or discharges from a private storm drainage facility result in damage to a public storm drainage facility or a water quality violation, or if such action or discharge requires corrective action by the city as determined by the city engineer, the property owner will be liable and financially responsible for said damage, maintenance, and for any and all necessary repairs or other corrective actions necessary to restore the public storm drainage facilities to full and normal operation, and will be subject to code enforcement actions as defined in Chapter 1.25 ACC.
E. Inspections of storm water treatment and flow control facilities shall be performed by the city at a frequency to comply with the Western Washington Phase II Municipal Stormwater NPDES Permit.
F. Inspections of the implementation and effective use of operational and structural source control BMPs shall be performed by the city at a frequency to comply with the Western Washington Phase II Municipal Stormwater NPDES Permit.
G. New residential developments that are part of a larger common plan of development or sale shall be inspected every six months during the period of heaviest house construction (i.e., one to two years following subdivision approval or until 50 percent of build-out is achieved) to identify maintenance needs and enforce compliance with the maintenance standards as needed. (Ord. 6851 § 1 (Exh. A), 2022; Ord. 6617 § 11, 2016; Ord. 6283 § 4, 2009; Ord. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)