A.
The responsible party for the property on which work has been done
pursuant to this chapter shall maintain in good condition and promptly
repair and restore all grade surfaces, walls, drains, dams and structures,
vegetation, erosion and sedimentation controls, and other protective
devices. Such repairs or restoration shall be in accordance with an
approved operation and maintenance plan.
B.
An operation, maintenance and inspection agreement between the responsible
party and the Director shall be executed for privately owned stormwater
management systems and shall be binding on all subsequent owners or
responsible parties of land served by the stormwater management system.
(1)
The agreement shall provide for access to the property at reasonable
times for inspections by the Director. The Director may charge a fee
for any inspection he conducts.
(2)
The agreement shall provide for the annual submission by the responsible
party of a certification that the stormwater management system met
all requirements of the operation and maintenance plan. The Director
may charge a fee for any review and recordkeeping he conducts.
(3)
The agreement shall also provide that, if after notice by the Director
to correct a violation requiring maintenance work, satisfactory corrections
are not made by the owner within 30 days, the Director may perform
all necessary work to place the stormwater management system in proper
working condition and place a municipal lien on the affected property
as security for all of the costs assumed by the City to perform the
work. The owner shall be assessed the cost of the work and any penalties.
(4)
The agreement shall be recorded by the owner in the Essex South District
Registry of Deeds or, if the land affected is registered land, in
the registry section of the land court for the district wherein the
land lies.
