(a) The owner of any lot which contains a detention basin, retention pond or other drainage improvement shall maintain that drainage improvement to provide for adequate disposal of subsurface and surface water disposal. Maintenance of the detention basin, retention pond or other drainage improvement shall include the following items:
(1) Erosion control of the slopes of the detention basin or retention pond to maintain the original slope design;
(2) Removal of any trash or debris from the detention basin or retention pond;
(3) Management of vegetation and mowing of grass adjacent to detention basin or retention pond;
(4) Inspection and cleaning of any inlet or outlet pipes or concrete channel;
(5) Removal of algae or other vegetation growth from the surface of the water;
(6) Removal of sedimentation in the detention basin or retention pond or other drainage improvement if it accumulates to a level that is greater than 25% of the original design depth;
(7) Maintenance of any mechanical pumps, fountains, or other mechanical equipment that were included in the original design of the detention basin, retention pond or other drainage improvement.
(b) Any detention basin, retention pond or other drainage improvement that is not properly maintained in accordance with the standards set forth in Section 1353.09(a) shall be deemed to be a nuisance, and the Property Maintenance Officer may take action to seek abatement of the nuisance pursuant to the procedure set forth in Section 1353.10.
(c) The City shall keep an itemized account of expenses incurred for abatement of any nuisance arising from the failure to maintain any detention basin, retention pond or other drainage improvement. The total cost incurred for administration, labor, personnel, materials and equipment in abatement of the nuisance may be collected by the Finance Director by one of the following methods of collection:
(1) The Finance Director may commence civil litigation against the property owner to collect the costs; or
(2) The Finance Director may assess the costs to the owner of the property where the detention basin, retention pond or other drainage improvement is located, and the property owner shall have thirty (30) days after the receipt of the proposed assessment to pay the assessment directly to the City. In the event the assessment remains unpaid after thirty (30) days, the Finance Director may certify the costs to the County Auditor to be placed upon the tax duplicate of the property to be a lien upon the property and to be collected as other property taxes and returned to the City, with the effect that the total cost of the work constitutes a lien on the property which has priority ahead of any and all mortgages and other liens on the property; or
(3) The Finance Director may assess the costs to all property owners of lots in the recorded subdivision plat in which the detention basin, retention pond or drainage improvement is located. This cost shall be divided equally between all lots in the subdivision, and the property owners of the lot shall be responsible for payment of the assessed cost for each lot. The Finance Director shall provide written notice to each property owner of the proposed assessment, and the property owners shall have thirty (30) days after receipt of the notice of proposed assessment to pay the assessment directly to the City. In the event the assessment remains unpaid after thirty (30) days, the Finance Director may certify the costs to the County Auditor to be placed upon the tax duplicate of the property to be a lien upon the property and to be collected as other property taxes and returned to the City, with the effect that the assessment constitutes a lien upon the property which has priority ahead of any and all mortgages and other liens on the property.
(Ord. 2011-06. Passed 12-20-11.)