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<br />and protects the waterways in the headwaters area from the erosive <br />effects of runoff. <br />(2) Applicabilitv. Section 6.615 applies to all stormwater facilities designed <br />and constructed in accordance with sections 9.6791 through EC 9.6797 <br />of this code and the Stormwater Management Manual. <br />(3) Maintenance responsibilitv. <br />(a) Unless the city accepts the responsibility to operate and maintain <br />a stormwater facility, all stormwater management facilities shall <br />be privately operated and maintained. <br />(b) All stormwater facilities shall be operated and maintained in <br />accordance with the applicant's Operations and Maintenance <br />Plan submitted to the city with the application proposing the <br />private operation and maintenance of the stormwater facility. <br />(4) Reports. Periodic reports verifying that the stormwater facility is and has <br />been operated and maintained as required in (3 )(b) above, shall be <br />prepared and submitted to the city within the time and manner required <br />by administrative rules adopted by the city manager pursuant to section <br />2.019 of this code. <br />(5) Enforcement. <br />(a) Inspections. The city may make periodic inspections to ensure <br />compliance with this code, the Stormwater Management Manual, <br />and the Operations and Maintenance Plan. Authorized <br />representatives of the city may enter private property at <br />reasonable times to ensure such compliance and to conduct on- <br />site inspections or routine maintenance of stormwater facilities. If <br />the premises are occupied, the city representative shall first <br />present proper credentials and request entry. If the premises are <br />unoccupied, reasonable efforts shall first be made to locate the <br />owner or person in charge of the premises and request entry. No <br />person shall deny a request for, or interfere or prevent any <br />inspection authorized by this section. Should entry be refused, <br />the city shall have recourse to every remedy provided by law to <br />secure entry, including the issuance of a search warrant. <br />(b) Violations. Failure to operate and maintain a stormwater facility in <br />accordance with section 6.615, the Stormwater Management <br />Manual or the Operations and Maintenance Plan may result in: <br />1. The issuance of a stop work order or compliance order by <br />the city; <br />2. The issuance of a citation into municipal court for violation of <br />this code; <br />3. The imposition of an administrative civil penalty pursuant to <br />the provisions of section 2.018 of this code as authorized by <br />section 6.995 of this code; <br />4. An order to investigate all of the impacts caused by the <br />violation; and/or <br />5. Abatement of the unlawful actions as a nuisance as provided <br />in sections 6.005 through 6.115 of this code, including, but <br /> <br />Ordinance - 2 <br />