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2. STORMWATER DRAINAGEWAY FACILITIES a. Swale Areas located within defined Drainage and Utility Easement. Swales showing vegetation contained within Drainage and Utility Easement areas within decompaction zones may be mowed for public safety, but otherwise must remain free from vegetative disturbance, yard or other waste disposal, debris, or other obstruction which may impede swale and collection area function. Pesticide, herbicide and Fertilizer applications may be used only if required and must be applied in accordance with Minnesota Department of Agriculture guidelines and standards. b. Structure Crossings and Controlled Overflow Outlet Areas located within defined Drainage and Utility Easement. No new structure or new hard surface, soil compaction, soil fill or soil removal will be placed or allowed within the crossing inlet or outlet or controlled areas. Culverts as shown in the plan shall remain in place and remain unaltered by Owner. Any vegetative surface located in or near Crossing and Outlet areas shall remain free from vegetative disturbance as subject to 3a above. c. Reporting. The Declarant will submit to the MCWD and the City annually a brief written report that describes stormwater facility maintenance activities performed as found in Items 2.a. and 2.b.above under this Declaration, including dates, locations of inspections and the maintenance activities performed as specified by a provided"Owner Stormwater Facilities Report Response Form", or other equivalent Report response method submitted via Certified Mail to the Owner by the MCWD Administrator (or approved MCWD designee). 1. Violation. Both the Declarant and a subsequent property owner are liable to the MCWD and to the City for performance under this Declaration, and the MCWD and/or the City may seek any remedy in law or equity against the Declarant as long as the declarant owns the Property, and the violation is known to have occurred within Owner's Property and the activity was performed under Owner's direct control or knowledge of activity. The violation(s) will be sent to the Owner in writing via Certified Mail by MCWD Administrator and/or City Administrator that will include statements detailing the dates of violation occurrence(s), past written warnings, and compliance timeframes as required. If monetary fees, liens, or other equities are requested for the violation(s), include an estimate by at least one licensed contractor to complete violation work consistent to the current "MNDOT Standard Specifications for Construction" format to the Owner and thereafter against the property owner as to enforce the Declaration, subject to review and acceptance by the City. 2. "Property owner" as used in this Declaration means the owner of the property on which is located the facilities to which the obligations herein apply. 3. Recitals. The recitals set forth above are expressly incorporated herein.