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Ordinance No. 2281 <br />Page 24 of 32 <br />in the approved stormwater management plan, it shall be corrected by the <br />Responsible Person before the development project is finalized and <br />accepted. <br />2.If a full trash capture system or device is found to be inadequate by virtue of <br />physical evidence of operational failure at any point during its operating life, it <br />shall be corrected by the Responsible Person. If the Responsible Person fails <br />to act, the City of Pleasanton may pursue corrective actions or enforcement <br />pursuant to Sections 9.14.170 - 9.14.280 <br />F. Additional measures. The provisions of this section shall not prohibit an <br />authorized enforcement official from requiring a discharger to take additional <br />measures to achieve the objectives of this chapter or any permit. <br />§ 9.14.160 Stormwater Maintenance Agreements <br />A. It is a violation of this code for any Responsible Person to fail to properly operate <br />and maintain any approved full capture trash device, stormwater treatment <br />facilities, hydromodification management facilities and/or source control BMPs on <br />the Responsible Person’s property. Stormwater treatment systems which do not <br />have a Stormwater Management Maintenance Agreement must be maintained <br />as required by the manufacturer’s guidelines and/or to ensure intended <br />functioning of the system(s) <br />B. Prior to the issuance of any permit for land development activity, development <br />projects required to install full trash capture or LID/GSI systems shall develop <br />and execute a Stormwater Management Maintenance Agreement for the <br />property. The Stormwater Management Maintenance Agreement, also known as <br />the Operation and Maintenance Agreement, shall run with the land, and shall be <br />recorded in the Office of the Alameda County Clerk-Recorder. Provisions in the <br />Stormwater Management Maintenance Agreement are fully enforceable under <br />the City of Pleasanton Municipal Code. Enforcement action, as detailed in <br />Sections 9.14.170 - 9.14.280, may be taken for failure to meet any of the <br />requirements of the Stormwater Management Maintenance Agreement. <br />C. The Stormwater Management Maintenance Agreement must be entered into <br />between the Responsible Person and the City of Pleasanton. Responsibility for <br />the operation and maintenance of the stormwater treatment systems shall remain <br />with the Responsible Person and shall pass to any successor Responsible <br />Person. If portions of the land are sold or otherwise transferred, legally binding <br />arrangements shall be made to pass the inspection and maintenance <br />responsibility to the appropriate successors in title, and notification of the <br />successor must be provided to the City of Pleasanton. <br />Page 222 of 248