(a) All major ditches or streams of the State, whether located within public or private property, shall be under the control of the Mayor or his or her designated agent.
(b) In cleaning, repairing and performing other maintenance work on the major ditches or streams of the State, the Mayor or his or her designated agent, whose duty is to perform such maintenance work, may go upon the adjoining or abutting lands within the area necessary for the proper operation of the required machinery, tools, motor vehicles, conveyances or other equipment. The area necessary shall be within the riparian setback or as deemed necessary to perform the needed work. If, in the course of the work, it is necessary to damage or temporarily remove fences, poles, wire lines or other objects which are not obstructing the waterway, then the cost of repairing or replacing such fences, poles, wire lines or other objects shall be the responsibility of the City unless said objects are within the riparian setback.
(c) Any major ditch or stream of the State as depicted on the Master River and Ditch Location Map shall be maintained by the City. Any minor ditch or swale must be maintained by the property owners flowing into it. Any ditch maintenance to be performed by the City will be at the determination of the City Engineer or based on a ditch maintenance schedule as developed by the Service Director.
(d) If the City, for the purposes of general welfare or safety of the citizens of the City deems it necessary for a minor ditch or swale to be cleaned or maintained, the City has the authority to mandate to the residents flowing into that minor ditch or swale to perform maintenance on said waterway. If maintenance is not performed, the City has the right to perform these actions and access to any property owners flowing into this waterway for the costs of maintenance.
(e) No major ditch shall be deepened or widened without the approval of the City Engineer. No stream of the State shall be deepened or widened with the approval of the City Engineer and the Federal/State governing body of that waterway.
(Ord. 133-16. Passed 12-27-16.)