929.12 OPERATION AND MAINTENANCE OF STORM SEWER FACILITIES - ABATEMENT PROCEDURES.

   Notice to correct improper drainage.

   (a)   Whenever the City finds that:

      (1)   A tract of land is inadequately drained, or

      (2)   There is excessive erosion or sedimentation upon such land or

      (3)   There is an obstruction to or from a culvert, or water course upon such land that interferes with water naturally flowing therein or

      (4)   The Best Management Practices installed to preserve water quality are not being maintained or

      (5)   Such culvert, storm sewer or watercourse is of insufficient capacity to reasonably accommodate the flow of water, as required by this chapter, the City shall notify the owner or person having possession, charge, or management of such land to remove the obstruction, provide adequate drainage, fill or drain such land, enlarge the culverts, drains or watercourses, mitigate excessive erosion or sedimentation and/or accomplish any other act determined by the City’s Engineer necessary to further the purposes of this chapter.

   Such notice shall be served to such person(s) by hand delivery, by registered mail at the last known address, or by posting on the premises.

   (b)   The owner or person having possession, charge, or management of such land shall comply with the City’s orders within the time specified which time shall not exceed 30 days. Failure to comply with such order shall constitute a violation. Each additional day thereafter during which the owner or person having possession, charge, or management of such land fails to carry out the order of the City shall constitute a separate offense.

      (1)   In any case where a condition described above exists for more than 30 days after service of notice, the Director may direct the owner or person having possession, charge, or management of such land to fill or drain such land, remove any obstruction and, if necessary, enlarge the culverts, drains, or watercourses to meet the requirements of this chapter.

      (2)   In the event an owner or person having possession, charge, or management of such land fails or refuses to comply with the Director’s orders, the City may provide for the performance of the required work and shall charge the owner or person having possession, charge or management of such land the abatement costs. The imposition of any other penalties provided in this chapter shall not preclude the City from instituting an appropriate action or proceeding in a court of competent jurisdiction to prevent an unlawful development or to restrain, correct or abate a violation, or to require compliance with the provisions of this chapter or other applicable laws, or ordinances, rules or regulations.

      (3)   Each and every owner or person having possession, charge, or management of such real property in the City consents to the entry upon any real property in the City for all reasonable times during normal business hours for the purpose of inspection, repair or maintenance required by this chapter.

         (Ord. 2010-1-3. Passed 1-13-10.)