§ 1047.02 STORM DRAINAGE UPGRADE PROGRAM.
   (A)   (1)   If deemed necessary by the City Engineer and/or the Director of Public Service, a residential property owner may participate in the front footage storm drainage upgrade and/or drive pipe replacement program. The storm drainage and drive pipe upgrade are subject to the approval of the City Engineer.
      (2)   The Director of Public Service shall schedule the order in which the upgrades are completed and his or her determination shall be final.
   (B)   Upgrading of the front footage of the storm drainage ditch shall include the installation of a 12 inch in diameter plastic pipe and catch basin. A pipe greater than 12 inches in diameter may be installed if determined necessary by the City Engineer.
   (C)   The plastic pipe will be connected to the storm water outlet and all hook-ups for the residential structure.
   (D)   The City Engineer and/or the Director of Public Service shall determine cost to the property owner for such upgrading as described in subsections (A) through (C) hereof which shall be per lineal foot of lot frontage as determined by the County Tax Map.
   (E)   Replacement of the drive pipe only will require the resident to accept the cost of materials including, but not limited to, restoration of the driveway.
   (F)   (1)   Prior to the start of any individual upgrade, the property owner shall be notified of the total cost for which they will be responsible and a copy of such notice signed by the property owner and acknowledging their agreement to pay within the terms of this section must be received by the Director of Finance.
      (2)   Property owners must pay the costs as described in division (D) herein in one lump sum within 60 days of receiving a notice of completion of the job from the city. Payments shall be made to the Finance Department.
   (G)   Should a property owner fail to pay as set forth herein, the city shall place said moneys due as a lien on the property owner’s tax duplicate.
   (H)   (1)   Whoever violates any provisions of this section shall be fined no more than $500 per day and each day’s violation shall constitute a separate offense.
      (2)   Nothing herein shall prevent the city from taking such other lawful action as is necessary to prevent or remedy a violation.
   (I)   (1)   The City Engineer shall inspect drive pipes to determine if they are in good working order.
      (2)   If the drive pipe is in need of replacement, the Director of Public Services and/or City Engineer will notify the resident by mail with the cost of materials. The resident at the time may pull a permit and have a private contractor do the work.
      (3)   After 30 days, if the resident has not agreed to pay for the cost of materials, the city shall perform the work and assess the benefitting parcel for 125% of the materials and labor.
   (J)   (1)   The maintenance of drainage ditches is the responsibility of the resident.
      (2)   The City Engineer shall inspect drainage ditches periodically.
      (3)   If debris and/or obstructions are found, the resident will be notified and corrective action must take place within 30 days.
      (4)   After 30 days a re-inspection will occur. If corrective actions are not taken, the city will perform the work and assess the benefitting parcel 125% of the cost of materials and labor.
      (5)   The city periodically will determine by the Director of Public Services and/or City Engineer will re-ditch drainage ditches at no cost to the resident.
(Ord. 19-05, passed 2-7-2005; Ord. 23-2017, passed 7-10-2017; Ord. 29-2017, passed 9-18-2017)