Where a private drainage system is installed on private property, the property owner is required to permanently maintain the facility to ensure it functions as per its intended purpose. Where a public drainage system is installed on private property, the property owner is required to provide a maintenance easement and protect the drainage facility. (Ord. 2020-05, 4-16-2020)
A. Easement: The owner/developer must ensure permanent or perpetual access to the site for the purpose of inspection, maintenance and repair of new and existing drainage systems by securing all the maintenance easements needed. These easements must be binding on the current property owner and all subsequent owners of the property and must be properly recorded in the land record.
B. Minimum Width: Minimum easement widths for a public drainage system will be determined by the city engineer and shall be based on common maintenance practices. In no case shall the width of an easement for the purpose of maintaining subsurface drainage systems be less than 15 feet.
C. Restrictions: Easements are to restrict the placement of structures and features that restrict access to the easement, including walls, poles with foundations, pools, hot tubs, decks, and trees in the easement.
(Ord. 2020-05, 4-16-2020; amd. Ord. 2022-10, 6-2-2022)
A. As applicable, the following agreements and protections are required prior to issuance of a Building Permit or Grading Permit:
1. Construction activity on property that has on it or is adjacent to an existing drainage or irrigation system must execute a Certification of Protection of Existing Irrigation, Canal and Storm Drain Facility prepared by the city.
2. Onsite drainage systems constructed on private property are to be owned and maintained by the association or equivalent entity responsible for maintenance of the common grounds (i.e. HOA). Maintenance responsibilities are to be written into the Covenants, Conditions & Restrictions (CC&Rs) or equivalent document. Where an association or equivalent entity does not exist, the property owner must execute a Site Grading Management Agreement prepared by the city that shall operate as a recorded deed restriction binding on the current property owner and all subsequent property owners.
3. The owner of property to be served by a private on-site stormwater quality facility must execute a Long-Term Stormwater Management Agreement prepared by the city that shall operate as a deed restriction binding on the current and subsequent property owners.
B. Canal Bank Protection: Property owners of private property that encompass the bank of a canal structure are required to protect the stability of that bank. Bank improvements that have been constructed for the benefit of the private property owner or historical property owners are the responsibility of the property owner to maintain in good shape in such a manner that it does not pose a risk to the functional operation of the canal. This includes, but not limited to, protection and maintenance of:
1. All types of retaining walls;
2. Erosion prevention from drain pipe outfalls;
3. Earthen fill on top of a canal bank placed for the purpose of raising the grade elevation of the property;
4. Stone slopes;
5. Over steepened slopes;
6. Fencing;
7. Decking;
8. Removal of fallen trees and stumps; and
9. Erosion prevention from loss of stabilizing ground cover vegetation.
C. Canal Retaining Wall Protection: To prevent retaining wall failure caused by trees, no tree shall be planted within 10-ft from the face of a retaining wall supporting a canal bank.
D. Property owners of private property where a public storm drain manhole has been buried, shall not be responsible to uncover the manhole and raise the grade of the manhole unless:
1. the manhole is located within an easement of record; or
2. It can be demonstrated that the property owner was responsible for burying the manhole.
E. It shall be unlawful and a violation of this Chapter to bury any manhole within the City without the permission of the City’s Public Work’s Director.
(Ord. 2020-05, 4-16-2020; amd. Ord. 2022-10, 6-2-2022)
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