§ 24-441. Inspection of property and stormwater systems.
Latest version.
Every ratepayer, of real property located in the city, and every person who serves
as a contractor or developer for the purpose of developing real property located in
the city shall provide, manage, maintain, and operate on-site stormwater management
systems and facilities sufficient to collect, convey, detain, control and discharge
stormwater in a safe manner consistent with all City of Cartersville ordinances and
development regulations, and the laws of the State of Georgia and the United States
of America. Any failure to meet this obligation shall constitute a nuisance and be
subject to an abatement action filed by any damaged party or the City of Cartersville
in the Municipal Court of the City of Cartersville, or any court of competent jurisdiction.
In the event a public nuisance is found by the court to exist, which the ratepayer,
fails to properly abate within such reasonable time as allowed by the court, the city
may enter upon the property and cause such work as is reasonably necessary to abate
the nuisance with the actual cost thereof assessed against the ratepayer, or contractor
or developer, if any, on a joint and several basis. From the date of the filing of
such action, the city shall have lien rights, which may be perfected, after judgment,
by filing a notice of lien on the General Execution Docket of the Superior Court of
Bartow County. The City of Cartersville shall have the right, pursuant to the authority
of this article, for its designated officers and employees to enter upon private and
public property owned by entities other than the city, upon reasonable notice to the
ratepayer, thereof, to inspect the property and conduct surveys and engineering tests
thereon in order to ensure compliance with this section.
(Ord. No. 74-06, § 1, 11-2-06)
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