A. Nuisance Declared: Any culvert, driveway, pipe, or other obstacle upon or in the dedicated streets, alleys or ways of the city which impedes the flow of water through drainage ditches now constructed or which might hereafter be constructed by the city for the purpose of proper drainage of water falling from any rainfalls, which might reasonably be anticipated, are hereby declared to be public nuisances endangering and interfering with travel upon and the repair and maintenance of city streets and annoying, injuring and endangering the comfort, repose, health and safety of the citizens of the city. (1990 Code § 8-514)
B. Abatement By City: All public nuisances existing contrary to the provisions of this section not abated by the owners or occupants of adjoining premises or their agents within ten (10) days after they shall be given notice as provided herein, shall be abated by the code enforcement officer or other officer or employee of the city, designated by motion or resolution of the city council and acting under the direction of the city council, by digging up, breaking, if necessary or not reasonably avoidable, and removing such culvert, driveway, pipe, or other obstacle and opening up such drainage ditch, and leaving the same open. (1990 Code § 8-514; amd. 2006 Code)
C. Notice Requirements: The notice herein mentioned shall be in writing directing the owner or occupant of premises adjoining such nuisance to abate the same by removing such obstacle impeding drainage, and shall be given by mailing to the owner or occupant of such adjoining premises at his last known post office address, or to both, if the names and post office addresses can be ascertained with reasonable diligence, by registered or certified mail or by delivery of such notice to such owner or occupant personally by any officer, employee or agent of the city or by posting such notice at some conspicuous place upon such premises if the name or mailing address of the owner or occupant of the premises cannot be ascertained with reasonable diligence. (1990 Code § 8-514)
Notes
| 1 | 1. See also subsection 9-1-1B of this code. |