930.01 STORMWATER DRAINAGE RELIEF PROGRAM.

   Council hereby reaffirms that stormwater drainage problems exist throughout the City due to an increased severity of rain and thunderstorms caused in part by climate change, unfavorable topography of public and private properties within the City as well as aging infrastructure. These problems, which periodically and increasingly cause flooding, property damage, ponding, mosquito infestation, and other health threats due to inadequate drainage and flooding, as well as standing water, are hereby declared to be a public nuisance and/or qualified public nuisance. The city, in addition to all procedures available to the city pursuant to the Codified Ordinances and/or the Ohio Revised Code, and to make use of ARPA funds designed to alleviate these problems, may take the following steps to abate said nuisance situations:

   (a)    The City Engineer and the Water Reclamation Director shall inspect areas experiencing drainage problems in the city and, upon said inspection, shall prepare a list of properties and locations affected by inadequate drainage, adverse topography, and/or aging infrastructure and create a written list of the affected properties and locations. The City Engineer and Water Reclamation Director shall also prioritize the severity of the drainage problems for a particular property and shall rank those properties most in need of relief.

   (b)    The owner of a property, identified pursuant to subparagraph (a) above, may make application to participate in the stormwater drainage relief program. In addition to the ranking established by the City Engineer and the Water Reclamation Director, priority shall be given to those properties in which the owner has agreed in writing to pay the percentage of costs of said repair as will be established by Council by an amended ordinance; and who shall be willing to grant the City of Bedford Heights an easement to enter said property and make necessary changes and improvements to improve stormwater drainage as well as to perform subsequent maintenance on any improvements made on said property.

   (c)    The decision whether to accept a property into the Stormwater Drainage Relief Program and the ranking of a specific property in which repairs are contemplated is solely and exclusively within the discretion of the City.

   (d)    The funds appropriated by Council, if any, for the Stormwater Drainage Relief Program will be determined by Ordinance on an annual basis. The amount of the appropriations, if any, is solely and exclusively within the discretion of Council.

      The City shall utilize funds for this program through the American Rescue Plan Act to the fullest extent possible consistent with the regulations governing said act.

   (e)    The City Engineer shall advertise to solicit competitive bids to abate the drainage and infrastructure projects contemplated above as directed from time to time by the Council and Mayor.

   (f)    The City shall promulgate rules and regulations governing applications for receipt of funds for the purposes outlined in this section.

      (Ord. 2022-053. Passed 9-6-22.)