§ 106-9. Maintenance.

(a)

Prior to the issuance of a building permit or other permit under this chapter, a written maintenance plan shall be submitted to the city engineer which shall contain documentation sufficient to demonstrate that the maintenance entity is the legal entity empowered and obligated to perpetually maintain the stormwater management systems and facilities that benefit, accommodate stormwater from, or in any way related to the property or improvements for which the building permit is sought.

(b)

The responsible legal entity shall execute and record in the public records of Orange County, a document acceptable to the city attorney and city manager, which defines its authority and responsibility for maintenance of the stormwater management system and facilities, defines how the maintenance is to be performed, and provides a legal mechanism ensuring the perpetuation of the maintenance, including the assessment and collection of monies necessary for operation, maintenance, repair and replacement of such systems and facilities. Unless waived by the city, the legal mechanism ensuring the perpetual maintenance of the stormwater management system and facilities shall provide for the assessment and collection of monies from all lots and tracts benefiting from such stormwater management system and facilities, excluding lots and tracts determined by the city to benefit from such systems and facilities solely as the result of maintaining existing natural and historical stormwater flows.

(c)

All lot and tract owners within a subdivision and property owners whose property benefits from the stormwater management system and facilities shall be ultimately responsible for the maintenance of the stormwater management system and facilities, whether or not a homeowners' association or property owners' association is the designated responsible entity.

(d)

The responsible legal entity shall properly operate, maintain, repair and replace any and all stormwater management systems and facilities, including without limitation, the retention/detention areas, ponds, berms, control structures, weirs, pipes, ditches, swales, gutters, inlets, manholes, outfalls, and underdrains and other improvements and areas not dedicated to the public or the city, in accordance with the standards and requirements of the City of Winter Garden Code of Ordinances, approved permits, plans and specifications concerning such improvements, good engineering practices and requirements and standards of other applicable governmental authorities, including the St. Johns River Water Management District and in a manner as not to create a nuisance.

(e)

Unless expressly authorized by the city, it is prohibited for any person or entity to alter stormwater management systems or facilities, including but not limited to, altering the grade of or original drainage improvements for any lot or tract or easement area, or changing the direction of, obstructing, inhibiting, interfering with or increasing the flow of surface water drainage, or altering or removing of any berm, control structures, ditch, swale, pipe, inlet, manholes, underdrain, pond, gutter, weir or other stormwater improvement and areas, and stormwater collection, storage and conveyance system.

(f)

If the city determines that stormwater management systems or facilities are not being properly maintained or were improperly altered, the city shall have the right to take one or more of the following actions:

(1)

The city shall have the right to impose, through proper enactment, a special assessment, or other mechanism assessing each of the property owners benefiting from the stormwater management systems and facilities and use such assessments to cause the maintenance, repair, replacement and otherwise care for any and all stormwater management systems and facilities and to pay for any administrative costs and attorneys' fees and costs related thereto incurred by the city;

(2)

The city shall have the right, but not the obligation, to enter upon the property and take necessary corrective action, at the responsible legal entity's expense. The responsible legal entity shall be liable to the city for any costs and expenses incurred by the city in taking and arising from the corrective action, including but not limited to, material, labor, equipment, engineering and administrative costs, interest, and attorneys' fees. If said costs and expenses are not paid by the responsible legal entity within 30 days of invoicing by the city, then said costs and expenses shall constitute a lien on all real property of the responsible legal entity upon the recording of a notice of lien by the city in the public records. Said lien may be enforced, without limitation, by foreclosure or lawsuit for damages;

(3)

Institute code enforcement proceedings and prosecute code violations;

(4)

Issue code enforcement citations and impose penalties in accordance with section 1-15 and other applicable code sections; or

(5)

Institute any appropriate action or procedure to bring about compliance or remedy, including but not limited to, instituting an action in court to enjoin violating actions and to seek damages, in which case the violating persons and entities shall be liable to the city for reimbursement of the city's attorneys' fees and costs concerning such action.

(g)

In the event the city obtains ownership of stormwater management systems and facilities once privately owned or owned by another governmental entity as the result of or arising from enforcement action under this section, as the result of annexation, or by any other means, the city shall have the right to continue to assess and charge each of the property owners benefiting from the stormwater management systems and facilities for ongoing maintenance, repair, replacement and administrative expenses relating to such stormwater management systems and facilities.

(h)

The provisions of this section are additional or supplemental requirements and mechanisms to provide compliance with city codes and to provide for effective and efficient stormwater management. Nothing contained within this section shall limit the city's ability to enforce its codes by any other means.

(Code 1988, § 25-9; Ord. No. 08-03, § 2, 1-10-08)