In order to qualify for the detrimental drainage subsidy hereby established, an owner/occupant of residential real estate in the city shall:
(A) Complete and deliver to the Director a completed application form which shall be provided by the city, and which shall include, without limitation, provisions and requirements for:
(1) The name and address of the applicant and all of the other owners, if any, of the real estate which is the subject of the application;
(2) A copy of the owner’s deed for the real estate which is the subject of the application;
(3) A description of the detrimental drainage proposed for remediation;
(4) Evidence that the detrimental drainage proposed for remediation was not caused by any act or omission of the current owners of the real estate which is the subject of the application;
(5) A description of the effect of the detrimental drainage upon the residence and appurtenant structures on the real estate which is the subject of the application;
(6) A description of the proposed remediation of the detrimental drainage, with specifications therefore sufficient for proposals by independent contractors to provide all of the labor, materials, tools and equipment necessary therefore at a specific cost;
(7) A description of the anticipated effect of the proposed remediation upon both:
(a) The detrimental drainage on the real estate that is the subject of the application; and
(b) The drainage of rain, surface water and ground water on all lots and parcels of real estate adjoining the real estate which is the subject of the application.
(B) Obtain a written approval for the proposed remediation from the Director, which shall be issued by the Director within a reasonable time after the application unless the Director determines that the detrimental drainage described in the application:
(1) Was caused by one of the current owners of the real estate that is the subject of the application;
(2) Does not have any detrimental effect upon any residence or appurtenant structure upon the real estate which is the subject of the application; and
(3) Will not be remediated by the work specified in the application.
(C) Cause the proposed remediation of the detrimental drainage to be completed according to the specifications therefore approved by the Director;
(D) Submit to the Director, on forms provided by the city:
(1) The owner’s written and signed release and acquittal of the city from any and all obligations and liability for anything which is in any way related to the detrimental drainage or the remediation thereof;
(2) A statement signed and verified by an independent contractor that the proposed remediation has been completed according to the specifications therefore approved by the Director, along with an invoice for the cost thereof to the owners and a signed receipt for the payment thereof; or
(3) A statement signed and verified by the owners that the proposed remediation has been completed according to the specifications therefore approved by the Director, through their own labor or that of others without any compensation therefore, along with receipts for the payment of all costs for materials and the rental of tools and equipment necessary.
(1996 Code, § 153.03) (Ord. 2216, passed 1-21-2003)