(a) All permanent stormwater quality best management practices installed prior to January 7, 2008, shall be maintained in a manner to meet their original design functionality.

(b) All permanent stormwater quality best management practices installed after January 7, 2008, shall be inspected and maintained by the responsible party, in accordance with the provisions of this section 138-442.5 and the measures of the storm drainage design and technical criteria.

(c) PE certification. All private and public permanent stormwater quality BMP construction shall be certified in compliance with the approved construction plans and specifications by a professional engineer (PE) licensed in the State of Colorado.

(d) Inspection and maintenance. An inspection and maintenance plan (I&M plan) shall be developed concurrently with the design of the permanent BMPs and submitted with the final drainage plan and report for approval by Aurora Water. The I&M plan shall specify each of the following:

(e) The responsible parties shall perform inspections of permanent stormwater BMPs pursuant to the approved I&M plan, document the inspection(s) and maintenance, and submit an annual inspection report to Aurora Water by no later than March 31st of the following year.

(f) The responsible party shall submit a signed maintenance agreement to the water department. The approved maintenance agreement shall be recorded with deed records to ensure that the maintenance agreement is bound to the property in perpetuity.

(g) Failure to submit annual inspection report. If the annual inspection report is not submitted to the city by March 31st of the following year, the responsible party will be notified either by mail or electronically. The responsible party will have 45 days to complete the inspection upon being notified by the city and mail it to the city. A notice of violation (NOV) may be issued by the city if an inspection is not submitted by the 45th day.

(h) Review by city. The responsible party shall allow the city to enter upon the subject property at reasonable times to conduct on-site visits.

(i) Correction of deficiencies. If deficiencies are noted during city site visit, the city will notify the responsible party by either U.S. mail or electronically. The city may also issue a notice of violation (NOV). The responsible party shall correct deficiencies and immediately notify the city of the corrections. If deficiencies have not been abated after notice pursuant to the time specified in the notice or any extension of time to comply with such notice, the city may conduct the maintenance at the responsible party's expense. Failure of the responsible party to correct deficiencies thereby consents, under terms of this section, to have the city abate the violations. The responsible party will be responsible for all abatement costs incurred by the city.

(j) If there exists an immediate danger to public health or safety, the city may enter upon the subject property and complete the necessary maintenance and/or repair at the responsible party's expense.

(k) City's lien. If the responsible party fails to pay the abatement costs within 30 days of such notice being sent, the amount shall constitute a lien against the real property upon which the permanent BMP was or is situated. Any notice of lien shall consist of a sworn statement setting out: