(A) General regulation. Nobody shall conspire, cause, promote, permit, aid, assist, allow, encourage or engage in any pumping, drainage or other discharge of any rain water, surface water or ground water from any lot or parcel of real estate in the city onto any other lot or parcel of real estate, in any manner other than the natural flow thereof, or in conformity with the subdivision regulations of the Kenton County and Municipal Planning and Zoning Commission, unless the other lot or parcel of real estate is a public right-of-way.
(B) Discharge into public rights-of-way. Nobody shall conspire, cause, promote, aid, assist, allow, encourage or engage in any artificial or unnatural pumping, drainage or other discharge of any rain water, surface water or ground water from any lot or parcel of real estate in the city onto any other lot or parcel of real estate which is a public right-of-way, in any manner other than:
(1) The natural flow thereof; or
(2) In conformity with the subdivision regulations of the Kenton County and Municipal Planning and Zoning Commission; or
(3) The pipe, drain, culvert, swale, ditch or other artificial and unnatural means of flow control either:
(a) Ends more than twenty (20) feet away from the boundary line of the public right-of-way; or
(b) Is connected to either a street pavement or storm sewer in the public right-of-way through a ductile iron pipe, which is four (4) inches in diameter and extends in a straight line from the boundary of the nearest point in the public right-of-way to the public storm sewer or street pavement, and is connected thereto in a manner required by the executive authority of the city to protect the public health, safety and welfare, and maintain the street pavement or storm sewer in a functional condition.
(C) Private property. Nobody shall conspire, cause, promote, permit, aid, assist, allow, encourage or engage in any pumping, drainage or other discharge of any rain water, surface water or ground water from any lot or parcel of real estate in the city onto any other lot or parcel of real estate which isn't a public right-of-way in any manner other than:
(1) The natural flow thereof; or
(2) In conformity with the subdivision regulations of the Kenton County and Municipal Planning & Zoning Commission; or
(3) A manner in which any drain, pipe, culvert, swale, ditch or any other artificial and unnatural means of flow control ends in either:
(a) A side yard of the upper or dominate lot or parcel of real estate, and more than ten (10) feet from the common boundary line between the upper and dominant lot or parcel of real estate and the lower or subservient lot or parcel of real estate; or
(b) The backyard of the upper or dominant lot or parcel of real estate and in the center thereof, or some other location therein determined by the City Administrative Officer to be a location which better balances the interests of both the owners of the dominant or upper lot or parcel of real estate and the owners of the subservient or lower lot or parcel of real estate.
(D) Drainage or artificial impoundments of water. Nobody shall conspire, cause, promote, permit, aid, assist, allow, encourage or engage in any pumping, drainage or other emptying of any swimming pool or any other artificial impoundment of water in the city, in any manner other than through a hose which extends from the swimming pool or other artificial impoundment of water across only the lot or parcel of real estate upon which it is located to either a paved public street or storm sewer.
(E) Violations. A violation of this section occurs upon any non-compliance with any provision of this section, by either act or omission; and each and every separate non-continuing occurrence thereof, and each and every day of any continuing occurrence thereof is a separate violation of this section.
(Ord. 2000-08-06, passed 8-28-00)