Duluth UDC § 1024.02
Inspection and Maintenance Agreements
Governing jurisdiction
Duluth
Land inside these city limits is governed by Duluth's own code and boards. A "Duluth, GA" mailing address is not proof of being inside them — most such addresses fall in unincorporated Gwinnett.
Boundary: US Census TIGERweb (Incorporated Places, ACS 2025 vintage), vintage 2025.
- Article
- 10 — Erosion Control and Stormwater Management
- Pages in source
- 289
- Adopted
- 2025-09-08
- Amended through
- 2026-07-13
- Source
- Adopted PDF
Text
1. The owner shall execute an inspection and maintenance agreement with the City of Duluth obligating the
owner to inspect, clean, maintain, and repair the stormwater management system; including vegetation
in the final BMP landscaping plan. The form of the inspection and maintenance agreement shall be the
form provided by the City of Duluth. After the inspection and maintenance agreement has been signed by
the owner and the City of Duluth, the owner shall promptly record such agreement at the owner’s cost in
the property record for all parcel(s) that make up the site.
2. The inspection and maintenance agreement shall identify by name or official title the person(s) serving as
the point of contact for carrying out the owner’s obligations under the inspection and maintenance
agreement. The owner shall update the point of contact from time to time as needed and upon request
by the City of Duluth. Upon any sale or transfer of the site, the new owner shall notify the City of Duluth in
writing within 30 days of the name or official title of new person(s) serving as the point of contact for the
new owner. Any failure of an owner to keep the point of contact up to date shall, following 30 days’
notice, constitute a failure to maintain the stormwater management system.
3. The inspection and maintenance agreement shall run with the land and bind all future successors-in-title
of the site. If there is a future sale or transfer of only a portion of the site, then:
a. The parties to such sale or transfer may enter into and record an assignment agreement
designating the owner responsible for each portion of the site and associated obligations under
the inspection and maintenance agreement. The parties shall record and provide written notice
and a copy of such assignment agreement to the City of Duluth.
b. In the absence of a recorded assignment agreement, all owners of the site shall be jointly and
severally liable for all obligations under the inspection and maintenance agreement regardless of
what portion of the site they own.