underline-strikeout version of the final draft ordinance - Pima County ...

For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!Chapter 16.38MAINTENANCE OF PRIVATE DRAINAGE IMPROVEMENTSA. When drainage improvements are associated with an approved development plan, subdivisionplat or approved engineering report, and are constructed to provide flood protection to remove orreduce, flood hazards, including those identified by FEMA or for storm water quality control,and where those improvements are privately owned, then it shall be the responsibility of theproperty owner(s) to perform maintenance as necessary to ensure the integrity of said drainageimprovements and maintenance of the flood carrying capacity to the designed discharge.1. Covenants and restrictions shall be required for private drainage improvements, prior to theconstruction of the improvements. The covenants and restrictions must outline maintenanceresponsibilities of the property owners and must be reviewed and approved by the ChiefEngineer, prior to the construction of the drainage improvements.2. The failure to maintain private drainage improvements shall be considered a violation of thistitle.3. For purposes of this title, a private drainage improvement is considered a structure. (Ord. 2010FC-1; Ord. 2005 FC-2 § 2 (part), 2005)64