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The City of Ankeny stormwater utility consists of all rivers, streams, creeks, branches, lakes, ponds, drainage ways, channels, ditches, swales, storm sewers, culverts, inlets, catch basins, pipes, dams, head walls and other structures, natural or man-made, within the corporate boundaries of the City which control and/or convey stormwater through which the City intentionally diverts surface waters from its public streets and properties. The City owns or has legal access for purposes of operation, maintenance and improvement to those segments of this system which (1) are located within public streets, rights-of-ways and easements; (2) are subject to easement or other permanent provision for adequate access for operation, maintenance and improvement of systems of facilities; or (3) are located on public lands to which the City has adequate access for operation, maintenance and improvement of systems or facilities. Operation, maintenance and improvement of stormwater systems and facilities which are located on private property or public property not owned by the City and for which there has been no public dedication of such systems and facilities shall be and remain the legal responsibility of the property owner, or its occupant.
The Director of Public Works has the following powers and duties related to the City of Ankeny Stormwater Utility:
1. Operations and Maintenance. Operation and maintenance of the stormwater management systems and facilities.
2. Inspection and Tests. Conduct necessary inspections and tests to assure compliance with the provision of this chapter.
3. Records. Maintain a complete and accurate record of all stormwater management systems and facilities.
4. Policies. Recommend to the City Council policies to be adopted and enforced to implement the provisions of this chapter.
(Ord. 1798 – Apr. 14 Supp.)
No person shall do, or allow, any of the following:
1. Damage Stormwater Management Systems and Facilities. Maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, pipe, appurtenance or equipment which is part of the stormwater management systems or facilities.
2. Illicit Discharges. No person shall throw, drain or otherwise discharge or cause to throw, drain, run or allow to seep or otherwise be discharged into the City of Ankeny stormwater management systems and facilities, including but not limited to pollutants or waters containing any pollutants, other than stormwater.
3. Manholes. Open or enter any manhole, structure or intake of the stormwater system, except by authority of the Director of Municipal Utilities.
4. Connection. Connection of any private stormwater system to the City’s stormwater management systems and facilities, except by authority of the Director of Public Works.
(Ord. 1798 – Apr. 14 Supp.)
The Director of Public Works and other authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties for the purpose of inspection, observation, measurement sampling and testing all private stormwater discharges directly or indirectly entering into any public stormwater management system or facility in accordance with the provisions of this chapter.
(Ord. 1798 – Apr. 14 Supp.)
The following penalty provisions shall apply to violations of the stormwater utility chapters of this Code of Ordinances.
1. Notice of Violation. Any person found to be violating any provisions of these chapters shall be served by the City with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently remedy all violations.
2. Continuing Violations. Any person who shall continue any violation beyond the time limit provided for in subsection 1 thereof, shall be subject to a civil penalty as set forth in Chapter 4 of this Code of Ordinances. Each day which said violation shall continue shall be deemed a separate offense.
3. Liability Imposed. Any person violating any of the provisions of these chapters shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation.
(Ch. 106 - Ord. 1617 - Oct. 08 Supp.)