13.25.120 Stormwater management facilities not accepted by the City of Covington for maintenance.
(1) The person or persons holding title to the property and the applicant required to construct a stormwater management facility shall remain responsible for the facility’s continual performance, operation and maintenance in accordance with the standards and requirements of the Department and shall remain responsible for any liability as a result of these duties. This responsibility includes maintenance of a stormwater management facility which is:
(a) Under a maintenance guarantee or defect guarantee;
(b) A private road conveyance system;
(c) Located within and serving only one single-family residential lot;
(d) Located within and serving a multifamily or commercial site unless the facility is part of an approved shared facility plan;
(e) Located within or associated with an administrative or formal subdivision which handles runoff from an area of which less than two-thirds is designated for detached or townhouse dwelling units located on individual lots unless the facility is part of an approved shared facility plan;
(f) Previously terminated for assumption of maintenance responsibilities by the Department;
(g) Not otherwise accepted by the City for maintenance.
(2) Prior to the issuance of any of the permits and/or for any multifamily or commercial project required to have a flow control or water quality treatment facility, the applicant shall record a declaration of covenant as specified by the Director. The restrictions set forth in such covenant shall include, but not be limited to, provisions for notice to the persons holding title to the property of a City of Covington determination that maintenance and/or repairs are necessary to the facility and a reasonable time limit in which such work is to be completed.
(a) In the event that the titleholders do not effect such maintenance and/or repairs, the City may perform such work upon due notice. The titleholders are required to reimburse the City of Covington for any such work. The restrictions set forth in such covenant shall be included in any instrument of conveyance of the subject property and shall be recorded with the King County Records Division.
(b) The City of Covington may enforce the restrictions set forth in the declaration of covenant as specified by the Director.
(3) Prior to the issuance of any of the permits and/or approvals for the project or the release of financial guarantees posted to guarantee satisfactory completion, the person or persons holding title to the subject property for which a stormwater management facility was required shall pay a fee established by the Director, or his or her designee, to reasonably compensate the City for costs relating to inspection of the facility to ensure that it has been constructed according to plan and applicable specifications and standards. Such fee shall be set forth in the current fee resolution.
(4) The duties specified in this section with regard to payment of inspection fees and reimbursement of maintenance costs shall be enforced against the person or persons holding title to the property for which the stormwater management facility was required.
(5) Where not specifically defined in this section, the responsibility for performance, operation and maintenance of stormwater management facilities and conveyance systems, both natural and constructed, shall be determined on a case-by-case basis. (Ord. 13-09 § 10 (Exh. 2); Ord. 20-07 § 47; Ord. 37-02 § 2 (9.04.120))