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Compliance with provisions of this chapter shall not relieve any person from responsibility for damage to any person or property otherwise imposed by law; nor shall it create a duty by the City to those damaged by storm water management.
(Ord. 2008-18. Passed 2-19-08.)
(a) Where conflicting information exists between Federal, State and local regulation, Federal regulation shall govern over State and local regulation and State regulation shall govern over local regulation.
(b) Where conflicting information exists between other City regulations and this chapter, this chapter shall govern.
(Ord. 2008-18. Passed 2-19-08.)
This chapter does not convey any property rights of any sort, nor any exclusive privileges, nor does it authorize any injury to private property, nor any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations.
(Ord. 2008-18. Passed 2-19-08.)
Failure of the City to observe or recognize hazardous or unacceptable conditions or to recommend corrective measures shall not relieve a person from the responsibility for the condition or damage resulting therefrom and shall not result in the City, or its employees or agents, being responsible for any conditions or damage resulting therefrom.
(Ord. 2008-18. Passed 2-19-08.)
(a) Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse in such a way as to cause or potentially cause flooding upstream. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.
(b) Any such trash, debris, excessive vegetation or other obstacle or structure that violates or would violate this chapter is hereby declared to be a nuisance.
(c) Vehicles should avoid water resources. A written approval is required by the City Engineer if vehicles must enter and/or cross these areas repeatedly.
(d) No soil, rock, debris, or any other material shall be dumped, disposed of or placed into a water resource or into such proximity that it may slough, slip, or erode into a water resource.
(1) Such dumping or placing is allowable only if authorized by the City Engineer and, when applicable, the US Army Corps of Engineers and Ohio EPA, for such purposes as, but not limited to, constructing bridges, culverts and erosion control structures.
(2) Rock may be used for stream bank stabilization when approved by the City Engineer.
(Ord. 2008-18. Passed 2-19-08.)
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