(A) The City Engineer may identify lots within the city which are in need of storm drainage relief based on the following criteria:
(1) The causes of storm drainage issues for which relief is desired are related to the original design and construction of the developments on the properties and not related to changes in the property and its topography by individual owners of lots of record since the original construction on the property;
(2) The storm drainage problem for which relief is desired cannot be attributed, based on engineering analysis, to actions by individual property owners as opposed to the original developer or the natural topography of the area for which relief is requested;
(3) The benefit service area shall be a minimum of three or more parcels;
(4) The cause of the lot drainage problem cannot be attributed to a single entity;
(5) Any and all easements or rights-of-way from all affected property owners shall be made available at no cost to the city; and
(6) All affected property owners upon which the relief program is determined necessary by the City Engineer shall agree to the proposed remediation and the cost sharing as set forth in this section.
(B) The Mayor, based upon a determination by the City Engineer and Service Committee, shall have final approval of all such projects and shall schedule the order in which the work is completed and his or her determination shall be final. Based upon findings by the City Engineer and other analysis as appropriate, the Mayor may declare certain areas and/or individual properties of the city ineligible for this program.
(C) The cost to the individual property owners for their assessment for the private property benefit shall be based upon equipment and materials used in the event the work is performed by city employees. If the city determines it is necessary to subcontract the work, the total project cost will be assessed based upon benefitting parcels. The City Engineer will provide preliminary assessment costs to each parcel effected.
(D) Prior to the start of any work, the affected property owners shall be notified of the total cost for which they will be responsible and a copy of such notice signed by the property owners and acknowledging their agreement to pay within the terms of this section must be received by the Director of Finance. Property owners shall pay the calculated amount prior to commencement of work.
(E) All affected property owners shall be required to sign a joint agreement with the city setting forth the terms and conditions contained in this section and further providing that the property owners shall be responsible for all future maintenance and repairs to the system after its installation. Such agreement shall be in a form so that, if the city elects to do so, it can be recorded on the records of the subject property with the County Recorder.
(F) The application of this program to any particular parcel within the city shall not create a right in other property owners regarding a similar application. The number of applications that may be approved in any year shall be limited by the funds available as established in the annual budget by Council, the availability of city works for construction of the project, the review of each application by the City Engineer, and the discretion of the Mayor in establishing the priority and scheduling of projects.
(G) Upon approval and execution of all documents, the determination of the construction schedule shall be that of the Director of Public Service.
(Ord. 20-05, passed 2-7-2005)