Ord 2001-077 - Laserfiche WebLink

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ownership or control of the property (such as an owners association, a new property ovmer or lessee, a district, or the city) or the ownership of the property is transferred to the entity. The other entity shall then be responsible for maintenance until another entity assumes the obligations in "vriting or ovmership is transferred, with notice to the planning director. 1^'" copy of the documents comprising the transfer of responsibility or ovmership must be filed with the planning director within 30 days after the transfer. (b) The holder shall submit a maintenance report to the planning director between November -1- st and December 31 st of each year. No fee will be charged by the city for the filing or review of the report, but a late fee set by the city council will be charged to a holder if a submission is not made by the due date. The report shall be prepared by a Texas licensed professional engineer and will describe the following: (1) l...n assessment of the condition of the BMP, current as of the date of the report. (2) l~ history of maintenance activities performed on the BMP during the past year. (3) The professional opinion of the engineer regarding the current functionality of the BMP and its ability to provide total suspended solids removal in accordance with the original design specifications for the BMP. ( 1) Recommendations of the engineer regarding the need for maintenance or modification of the BMP to meet original design specifications. (c) If an entity responsible for maintaining a permanent BMP fails to properly maintain the BMP, the planning director will send a written notice to the entity to correct the problem '.vithin a reasonable time set by the planning director, not less than five nor more than 30 days from the entity's receipt of the notice. If the entity fails to comply with the notice, the planning director may initiate one or more of the following: (1) Enforcement action against the entity through the city attorney. (2) Proper maintenance of the BMP by use of city forces or a private contractor. (3) '.Vithholding of further permits, inspections or appro'.'als for any other regulated activities at the site served by the BMP. (d) If the planning diroctor undertakes maintenance of a BMP under subdivision (c )(2), the finance director will send a statement of the costs for the maintenance, including an administrative fee set by the city council, to the entity. If the full amount of the statement is not paid to the city within 30 days of the issuance of the statement, the finance director 'Nill certify the charges as a lien against the property on which the BMP is located, and the city attorney may initiate legal action to collect the unpaid amount from the entity. C:\TEMP\Edwards Regulations revision final.doc 39