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A. No person or entity shall occupy, utilize, or operate a constructed facility or site until the owner has submitted an as-built plan and executed a maintenance agreement in accordance with this section.

B. The owner of a project subject to the provisions of this chapter shall submit an as-built plan and a certification prepared by a certified professional in erosion and sediment control or a registered professional engineer that all permanent storm water controls have been installed in accordance with the PSWCP or approving any changes or modifications to the PSWCP.

C. The owner shall execute a maintenance agreement to be recorded and binding upon all subsequent owners of the property. Maintenance agreements shall specify:

1. The persons responsible for the maintenance of permanent storm water controls. A homeowner’s association may be designated; provided, that provisions for financing necessary maintenance are included in deed restrictions or other contractual agreements.

2. That the persons responsible shall maintain permanent storm water controls in accordance with the PSWCP, and will correct any deficiencies in the system including repair or replacement of the controls if needed.

3. That the department is authorized to enter the property at reasonable times to conduct on-site inspections of the controls. (Ord. 2009-27 § 5, 2009. 2004 Code § 21.50.030.)