Work may be performed off county rights-of-way or property in the following cases:
(1) Protection of a county road or bridge. For correcting a situation detrimental to a county road or bridge which affects the safety of the traveling public. Such work may include, but is not limited to, stream channel improvement and sight distance obstruction removal. Upon specific approval of the director of public service, private driveways may be scraped only to the extent necessary to protect a county road by channeling water into side ditches and cleaning side ditches. Hold harmless agreements are required for all of the above types of work.
(2) Drainage.
a. Types of work. The following types of drainage assistance may be performed by the county road and bridge department, subject to the conditions that follow:
1. Machine cleaning of normally dry drainage easements to allow free flow of surface water.
2. Installation or removal of pipe (labor and equipment only) on normally dry drainage easements. Materials must be furnished by the property owner or others. All materials furnished, including pipe, catch basins, grates and lids must be first quality.
3. Installation of large stone or other erosion protection materials (labor and equipment only) on normally dry drainage easements and/or live streams.
4. Unclogging and repair of pipe on normally dry drainage easements.
5. Machine clearing and/or enlarging of live streams and their banks, provided such work will provide flood control. This includes clearing obstructions from the inlets of the pipes.
6. Removal of pipes on perennial streams so as to increase the hydraulic capacity of the stream.
b. Conditions. The drainage assistance described above may only be performed under the following conditions:
1. All requests for off right-of-way drainage assistance must be approved by the director of public service.
2. All affected property owners must execute drainage assistance agreements which shall contain an easement dedication and hold harmless agreement. The agreement shall be filed with the road and bridge department and recorded in the register of deeds office for the county.
3. All easements must be specific in nature or carry water from public roads or lands to natural stream beds or drain ways.
4. No materials will be furnished by the county for any of the above types of work.
5. No assistance shall be provided to any development prior to its completion.
6. No off right-of-way drainage assistance shall be performed more than once in a 12-month period except under exceptional circumstances and with the concurrence of the county administrator.
(3) Reserved.
(4) Reserved.
(5) Governmental agencies. The county administrator is authorized to approve work by the road and bridge department for other governmental agencies; provided however, that the county shall be reimbursed for the actual costs incurred in providing such assistance, including the costs of direct and indirect labor, equipment and materials.
The county administrator shall file a report with county council at its next regular meeting after such work is completed. The report shall describe the work performed and the cost of any labor, equipment and materials used.
(6) Emergency access. The road and bridge department is authorized to scrape private driveways when requested to do so in writing by a licensed funeral director or licensed medical doctor. In cases where driveways are scraped, the use of materials such as sand or stone shall be held to an absolute minimum. The director of public service shall file a report with the county council at its next regular meeting after such work is completed. The report shall include the letter of request and the cost of any labor, equipment and/or materials used.
The road and bridge department shall charge the property owner for the costs incurred in providing this service unless the property owner is determined to be indigent according to the standards utilized by the county.
(7) Cemeteries. The road and bridge department may scrape roads in and/or to a cemetery provided that the cemetery is not listed as taxable property. The road and bridge department shall maintain an inventory of all roads that qualify under this section and shall provide preventative maintenance when crews are in the area. In cases where cemetery roads are scraped, the use of materials such as sand or stone is to be kept to an absolute minimum. No permanent improvements shall be allowed.
(1976 Code, § 18-33) (Ord. 1222, § 4, passed 2-21-1984; Ord. 1658, § 1, passed 4-7-1987; Ord. 1663, §§ 1(b), 2, passed 4-21-1987; Ord. 1730, § 2, passed 9-1-1987; Ord. 1731, § 1, passed 9-1-1987; Ord. 1893, § 1, passed 10-18-1988; Ord. 2181, § 4, passed 11-6-1990)