Stormwater management inspection and maintenance agreements for private facilities.
El Paso City Code § 19.19.040
in effect19.19.040 - Stormwater management inspection and maintenance agreements for private facilities.
A. Prior to the approval of any land development activity requiring a stormwater management facility or practice hereunder and for which the city shall require ongoing maintenance, the applicant or owner of the site must, unless an on-site stormwater management facility is dedicated to and accepted by the city, execute an inspection and maintenance agreement, if applicable, that shall be binding on all subsequent owners of the site.
B. The inspection and maintenance agreement, if applicable, must be approved by the city prior to plan approval, and recorded in the deed records upon final plat approval.
C. The inspection and maintenance agreement shall identify by name or official title the person(s) responsible for carrying out the inspection and maintenance activities. Responsibility for the operation and maintenance of the stormwater management facility, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor owner. If portions of the land are sold or otherwise transferred, legally binding arrangements shall be made to pass the inspection and maintenance responsibility to the appropriate successors in title. These arrangements shall designate for each portion of the site, the person to be permanently responsible for its inspection and maintenance.
D. As part of the inspection and maintenance agreement, a schedule shall be developed for when and how often routine inspection and maintenance will occur to ensure proper function of the stormwater management facility. The agreement shall also include plans for annual inspections to ensure proper performance of the facility between scheduled maintenance and shall also include remedies for the default thereof.
E. In addition to enforcing the terms of the inspection and maintenance agreement, the city may also enforce all of the following provisions for ongoing inspection and maintenance.
1. Maintenance and Inspection of Private Stormwater Facilities.
a. Stormwater management facilities included in a stormwater management plan which is private and therefore subject to an inspection and maintenance agreement must undergo ongoing inspections to document maintenance and repair needs and ensure compliance with the requirements of the agreement, the plan and this title.
b. A stormwater management facility or practice shall be inspected on a periodic basis by the responsible person in accordance with the approved inspection and maintenance agreement. In the event that the stormwater management facility has not been maintained and/or becomes a danger to public safety or public health, the city shall notify the person responsible for carrying out the maintenance plan by certified mail to the person specified in the inspection and maintenance agreement. The notice shall specify the measures needed to comply with the agreement and the plan and shall specify the time within which such measures shall be completed. If the responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the city may correct one violation as provided in subsection (4) hereof.
2. Right-of-Entry for Inspection of Private Facilities. The terms of the inspection and maintenance agreement shall provide for the city to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this title is occurring or has occurred and to enter when necessary for abatement of a public nuisance or correction of a violation of this title.
3. Records of Maintenance Activities at Private Facilities. Parties responsible for the operation and maintenance of a stormwater management facility shall provide records of all maintenance and repairs to the city as required by the agreement.
4. Failure to Maintain Private Facilities. If a responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the city, after thirty days written notice (except, that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four hours notice shall be sufficient), may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the facility or practice in proper working condition. The city may assess the owner(s) of the facility for the cost of repair work which shall be a lien on the property, and may be placed on the ad valorem tax bill for such property and collected in the ordinary manner for such taxes.
(Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009)
Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT19SUDEPL_ART2SUST_CH19.19STMARE_19.19.040STMAINMAAGPRFAFetched: 10/28/2026