<div class="chunk-title">Sec. 14-160. - Maintenance and obstruction of stormwater collection systems.</div>
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            <p class="incr0">
               (a)
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            <p class="content1">
               During the development of a site, the developer shall install and maintain all temporary
               and permanent stormwater control measures as required by the approved plan or any
               provision of this article, the Act or any order adopted pursuant to this article or
               the Act. After site development, the developer shall install and/or maintain all necessary
               permanent stormwater control measures specified in the approved plan, except those
               measures installed within a road or street right-of-way or easement accepted for maintenance
               by a governmental agency. Conveyance of the property shall not terminate the original
               developer's obligations under this article until such time as a replacement permit
               is approved by the county engineer, or designee. The original developer shall include
               in the deed conveying the property notice of the existence of the stormwater control
               measures and the purchaser's obligations to maintain and inspect them and to obtain
               a permit and otherwise comply with the terms of this article.
               </p>
            		
            <p class="incr0">
               (b)
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            <p class="content1">
               The financially responsible party shall have the stormwater control measures inspected,
               by a registered professional engineer, a registered land surveyor, or a registered
               landscape architect, upon completion of their construction, and shall have additional
               inspections conducted to certify their maintenance and continued function per a schedule
               established by the county engineer, or designee, but at least annually. The developer
               shall transmit to the county engineer, or designee a copy of all inspection reports
               within three working days of their being conducted, no later than the anniversary
               date of the operational stormwater permit issuance of each calendar year. The inspection
               report shall contain all of the following:
               </p>
            		
            <p class="incr1">
               (1)
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               The name and address of the land owner;
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               (2)
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               The recorded book and page number of the lot of each engineered stormwater control;
               </p>
            		
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               (3)
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               A statement that an inspection was made of all engineered stormwater controls;
               </p>
            		
            <p class="incr1">
               (4)
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               The date the inspection was made;
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            <p class="incr1">
               (5)
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            <p class="content2">
               A statement that all inspected engineered stormwater controls are performed properly
               and are in compliance with the terms and conditions of the approval maintenance agreement
               required by this article, including any defects identified, all repairs completed,
               and dates of repairs; and
               </p>
            		
            <p class="incr1">
               (6)
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            <p class="content2">
               The original signature and seal of the registered professional engineer, registered
               landscape architect, registered architect, or registered surveyor.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               Prior to the conveyance or transfer of any lot or building site to be served by a
               engineered stormwater control pursuant to this article, and prior to issuance of any
               permit for development requiring a engineered stormwater control pursuant to this
               article, the applicant or owner of the site must execute an operation and maintenance
               agreement that shall be binding on all subsequent owners of the site, portions of
               the site, and lots or parcels served by the engineered stormwater control. Until the
               transference of all property, sites, or lots served by the engineered stormwater control,
               the original owner or applicant shall have primary responsibility for carrying out
               the provisions of the maintenance agreement.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               The operation and maintenance agreement shall require the owner or owners to maintain,
               repair and, if necessary, reconstruct the engineered stormwater control, and shall
               state the terms, conditions, and schedule of maintenance for the engineered stormwater
               control. In addition, it shall grant to Durham County a right of entry in the event
               that the stormwater administrator has reason to believe it has become necessary to
               inspect, monitor, maintain, repair, or reconstruct the engineered stormwater control;
               however, in no case shall the right of entry, of itself, confer an obligation on Durham
               County to assume responsibility for the engineered stormwater control.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               It is unlawful for any person to place any obstruction in any stormwater collection
               system so as to obstruct or impede the free flow of surface water, unless same has
               been authorized by the county engineer, or designee.
               </p>
            		
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               (f)
               </p>
            		
            <p class="content1">
               If the county engineer, or designee, finds any stormwater collection system constructed,
               arranged, clogged, or in such disrepair as to impede, obstruct, or hinder the free
               flow of surface water in a manner which conflicts with acceptable engineering practices,
               or if a planned and permitted stormwater control measure has not been installed per
               an approved plan, he shall give written notice to the developer of the property. This
               notice shall specify the problem and action necessary to remedy it, as well as the
               time frame for taking such corrective action and the potential for additional action
               under <a href="" data-chunk-id="COOR_CH14EN_ARTVST_DIV1STMA_S14-160MAOBSTCOSY" class="section-link" data-product-id="12650">sections 14-160</a> and <a href="" data-chunk-id="COOR_CH14EN_ARTVST_DIV1STMA_S14-162ILDI" class="section-link" data-product-id="12650">14-162</a> of this article.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               Inspections by Durham County may be conducted or established on any reasonable basis,
               including, but not limited to, routine inspections; random inspections; inspections
               based upon complaints or other notice of possible violations; and joint inspections
               with other agencies inspecting under environmental or safety laws. Inspections may
               include, but are not limited to, reviewing maintenance and repair records; sampling
               discharges, surface water, groundwater, and material or water in stormwater control
               measures (SCMs); taking pictures of the areas; and evaluating the condition of BMPs.
               </p>
            		
            <p class="p0">
               If the owner or occupant of any property refuses to permit such inspection, the county
               engineer, or designee shall proceed to obtain an administrative search warrant pursuant
               to G.S. 15-27.2 or its successor. No person shall obstruct, hamper or interfere with
               the county engineer, or designee while carrying out his or her official duties.
               </p>
            <p class="historynote0">
               (Ord. of 11-23-20(3))
               </p></div>