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Version: May 19, 2022 <br /> On a case-by-case basis, the Director may determine to waive some or all of 1-5 above or may determine <br /> that additional requirements apply. <br /> B. City Inspection. Prior to accepting ownership and maintenance responsibilities for Stormwater <br /> Facilities (whether through subsection A above, annexation or any other means)the city will inspect the <br /> facilities and review as-builts, form of easements, and other relevant items as needed to determine the <br /> facilities are in good condition and meet city standards and are otherwise acceptable to the city. Any <br /> deficiency noted will need to be corrected prior to city acceptance unless otherwise determined by the <br /> Director. <br /> C. Excessive Costs. If a Stormwater Facility serving private property has maintenance and/or other <br /> costs determined excessive by the city in its sole discretion, then the city may, prior to city acceptance of <br /> the facility, require the property owner(s) to make one-time or continuing contribution to such costs, with <br /> written agreement for the continuing contribution in a form acceptable to the city. <br /> D. Non-Assumption. <br /> 1. In the event that the city elects not to assume the operation and maintenance responsibility for <br /> the stormwater facilities, it will be the responsibility of the developer to make arrangements with <br /> the occupants or owners of the subject property for assumption of maintenance and operation in <br /> a manner subject to the approval of the Director or in accordance with the stormwater <br /> management manual. <br /> 2. If the city elects not to assume operation and maintenance responsibility for stormwater facilities, <br /> the facilities shall be operated and maintained in accordance with the arrangements as approved <br /> by the Director. The city may inspect the facilities in order to ensure continued use of the facilities <br /> for the purposes for which they were built and in accordance with these arrangements. <br /> 14.28.100 Retroactivity relating to City Maintenance. <br /> A. If any person constructing stormwater facilities and/or receiving approval of stormwater site plans <br /> prior to the effective date of this chapter demonstrates to the city's satisfaction compliance with the <br /> requirements of this chapter, the city may, as set forth in EMC 14.28.090 or elsewhere in this chapter, <br /> assume operation and maintenance of the facilities. <br /> B. In cases in which all or part of the stormwater facilities are not accessible for maintenance purposes <br /> due to overlying structures or other causes, the city shall be, by written agreement approved by the Office <br /> of the City Attorney, indemnified from all costs and held harmless from damages and injuries which might <br /> 13 <br />