A. Permit Required: In any case where a ditch or waterway on a city right of way is desired to be filled in, obstructed, dammed or the flow of water altered, the party wishing to do so shall first obtain a permit from the city clerk. The application for such permit shall give exact details of the proposed action to be taken by such party, and such further information as may be requested by the commissioner of streets and public improvements, the city council or the city engineer shall be provided. An application fee in the amount of two hundred fifty dollars ($250.00) shall be paid at the time of such application.
B. Approve, Deny Permit: Within a reasonable time the city council shall allow, disallow or require modification of such proposed work, based on its determination of the best interest of the city drainage system and proper utilization of city rights of way.
C. Work Done Without Permit: In the event the city right of way is filled in, obstructed, dammed or the flow of water altered by the action of any person, without having first obtained a permit from the city clerk, and if the city takes action to reverse or correct such obstruction or resulting condition, the party so violating this section shall be obligated to repay the city for the reasonable cost of such work, including the wages of city employees, the reasonable rental value of city equipment and the amounts paid to any outside contractors in completing such remedial work.
D. Penalty: Violation of this section shall be deemed to be a nuisance and punishable under section 1-4-1 of this code. (Ord. 391, 8-23-1999)