Lincoln Municipal Code Art. V Maintenance and Inspection of Storm Water Controls

The city may establish an inspection program that may include: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins; storm water treatment controls and sources controls. Inspections may include: reviewing maintenance and repair records; sampling discharges of surface water, groundwater, and/or material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other storm water control practices.

(Ord. No. 826B, § 1(8.60.50), 10-23-2007)

The city may require any applicants subjected to the requirements of this chapter to enter into a maintenance agreement or deed covenant to ensure the long term adequacy and operation of any storm water control. All storm water controls must be maintained in accordance with the maintenance plan as required under section 8.60.400(19) of this chapter. The maintenance plan is subject to approval by the city.

(Ord. No. 826B, § 1(8.60.51), 10-23-2007)

When any new drainage control facility is installed on private property, or when any new connection is made between private property and a public drainage control system, sanitary sewer or combined sewer, the city shall have the right to make an inspection on the property at all reasonable times and in a reasonable manner for such purpose. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter.

(Ord. No. 826B, § 1(8.60.52), 10-23-2007)

Parties responsible for the operation and maintenance of a storm water management facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least ten years. These records shall be made available to the city of Lincoln during inspection of the facility and at other reasonable times upon request.

(Ord. No. 826B, § 1(8.60.53), 10-23-2007)

The failure of a responsible party to comply with the requirements of the maintenance agreement or deed covenant is deemed to be a public nuisance, and subject to abatement pursuant to the procedures set forth in Chapter 8.08 of the Lincoln Municipal Code.

(Ord. No. 826B, § 1(8.60.54), 10-23-2007)