and attorney fees shall be added to the recovery.
v. Town not Obligated to Maintain or Repair . A statement that this agreement shall not obligate the Town of Fuquay-Varina to maintain or repair any SCMs and the Town of Fuquay-Varina shall not be liable to any person for the condition or operation of the SCMs. vi. Town’s Right to Enforce Ordinances & Laws . A statement that this agreement shall not in any way diminish, limit, or restrict the right of the Town of Fuquay- Varina to enforce any of its ordinances as authorized by law. vii. Indemnify & Hold Harmless . A provision indemnifying and holding harmless the Town of Fuquay-Varina for any costs and injuries arising from or related to the SCMs, unless the Town of Fuquay-Varina has agreed in writing to assume the maintenance responsibility for the SCMs and has accepted dedication of any and all rights necessary to carry out that maintenance. viii. Transfer Responsibility for Maintenance & Repair . At such times 75% of the lots within the residential subdivision are completed and sold, the property owner/developer will be permitted to transfer responsibility for the SCMs to the homeowner’s association that has been established in accordance with this section if the stormwater management system, including SCMs are properly maintained and functioning as designed, as certified by a qualified professional acting within their area of expertise.
(3)
Inspection Program .
A. Inspection Program Established . Inspections and inspection programs by the Town of Fuquay-Varina may be conducted or established on any reasonable basis, including but not limited to, routine inspections, random inspections, inspections based upon complaints or other notice of possible violations, and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records, sampling discharges, surface water, groundwater, and material or water in SCMs, and evaluating the condition of the SCMs. B. Inspections Requiring Search Warrants . If the owner or occupant of any property refuses to permit such inspection, the Stormwater Administrator shall proceed to obtain an administrative search warrant pursuant to North Carolina General Statutes §15-27.2
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