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~ ~ O d 81 Page 52 r. - Page 5 If the City has determined that the property owner has not properly maintained or operated the storm water management system, the Director shall cause notice to be served upon the property owner. Such notice shall be in writing, signed by the Director and shall be personally served upon the property owner. The notice shall specifically state why the storm water management system has been determined to be improperly maintained or operated and the procedures which must be undertaken to correct the system's deficiencies, Any person wishing to appeal the City's determination that the storm water management system has not been properly maintained or operated shall file a written petition with the Director as described in Section 6,B. of this Ordinance. If the property owner does not appeal or correct the deficiencies within fourteen days of service of the notice, the City has the right to enter the property, maintain the storm water management facilities, and require reimbursement for the costs that may be incurred by the City. SECTION 7. Easements. Easements which cover the outlet structure, low flow pipe, storm water pipes, detention area berms, and other parts of the storm water management system as the City deems desirable shall be granted to the City. These easements are to be deeded for the purposes of operation, repair, alteration, and maintenance in areas composed of single family detached dwellings and two-family dwellings or in other developments when the City has accepted maintenance and operation responsibilities. All developments which have publicly owned easements shall provide covenants running with the land stating that no buildings, fills, excavations, structures, fences, or other alterations shall be constructed within a publicly owned easement without the express written consent of the City. The enactment of this ordinance is not intended to modify or alter any existing easement or rights-of-way for storm drainage purposes, but is intended to establish criteria for construction and maintenance and operation of new storm drainage facilities, both public and private. SECTION 8. Statement on Building Permit, Final Plat and/or Site Plan, When the City has determined that maintenance and operation of the storm water management system is to be a private responsibility, the building permit, final plat and/or site plan of that development shall have language stating that the maintenance and operation of the storm water management system will remain the responsibility of the property owner and his heirs, successors, and assigns. SECTION 9. Disclaimer of Liability - The criteria set forth in this ordinance establish minimum requirements which must be implemented with good engineering practice and workmanship. Use of the requirements in this ordinance shall not constitute a representation, guarantee, or warranty of any kind by the City of Lakewood as to the adequacy or safety of any storm water management system. Larger storms may occur or storm water runoff heights may be increased by man-made or natural causes. These regulations shall not create liability on the part of the City with respect or any legislative or administrative decision made hereunder. SECTION 10. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.