(A)   Except as otherwise provided in this section, any person intending to dig, excavate, or make any other alterations to land currently serviced by the town’s storm water system must notify the town prior to the commencement of any work. This subsection is deemed satisfied upon the submission of the construction plans required by § 153.111 of the Albany Code of Ordinances.
   (B)   The advance notice requirement of division (A) of this section does not apply to any digging, excavation, or alteration to land that extends one foot or less below ground level.
   (C)   Any person digging, excavating, or altering land is required to immediately notify the town upon the discovery of any existing drainage tile or pipe, regardless of whether such tile or pipe is or is not operational. Town shall inspect and record location before further excavation may proceed. Regardless of whether such digging, excavating, or altering land was subject to division (A) or exempted by division (B) of this section.
   (D)   If, upon inspection of an existing drainage tile or pipe, it is determined that the drainage tile or pipe is currently operational, the property owner shall be responsible for any maintenance or repairs necessary to ensure the drainage tile or pipe remains operational.
   (E)   The town shall have the same right of entry upon all properties as provided in § 52.14 and if, upon inspection, it is determined that any maintenance or repairs have not been completed as required, the property owner may be subject to the penalties provided in § 52.99. In addition to the existing penalty provisions, the Town reserves the right to undertake the work necessary to complete the required maintenance or repairs and to collect the cost of such maintenance or repairs from the property owner, including the use of liens, if necessary.
(Ord. 2016-13, passed 8-8-16) Penalty, see § 52.99