(A) Any person with valid access to a public street, pursuant to the Unified Development Ordinance of the town, that contains a bar ditch, roadside ditch, or similar drainage improvement (“drainage ditch") may be required by the Public Works Department, upon 60 days notice, to install a culvert or other drainage structure in or beneath a driveway or similar access path (“culvert”).
(B) Any person that uses an access way or driveway from property owned or controlled by them, which contains a culvert, is responsible for maintaining such culvert and shall maintain the same in a reasonable condition. The town, through its Public Works Department, may provide written notice to such person, who shall have 30 days from the date of the notice to correct the deficiencies and maintenance of the culvert.
(C) The town shall not be responsible for the installation, maintenance or replacement of a culvert.
(D) It shall be unlawful for a person to install or to maintain a culvert in such a manner that traps water or earthen material in any drainage ditch, or that otherwise impedes positive drainage along or away from the public street.
(E) Notice provided by this section shall be in writing and mailed by certified mail, return receipt requested, to the property owner and party controlling the property.
(Ord. 12-758, passed 6-12-2012; Ord. 2019-864, passed 7-23-2019) Penalty, see § 10.99