521.15 OBSTRUCTING FLOW OF SURFACE WATER.

   (a)    Any person who owns real property, the grade of which is lower than neighboring property, or upon which a drainage easement has been created and is in existence, shall not so grade his land or build any barrier so as to prevent the natural run-off of rain water from neighboring property or the free flow of water through such drainage easement, and cause stagnant pools of water to form upon neighboring real property.

   (b)    Nothing herein shall prohibit or prevent the damming of water courses to create lakes if such conduct is otherwise lawful, provided that such lake does not back up onto a neighbor's property or adversely affect the health, safety and welfare of the community.

   (c)    If, upon inspection by the Mayor, it is determined that an owner of real property, the grade of which is lower than adjacent real property has so graded his land or constructed any barrier so as to prevent the natural run-off of rain water from neighboring real property, or obstructed a drainage easement and caused stagnant pools of water to form upon neighboring property, the Mayor shall serve written notice by certified mail upon the property owner, ordering the creek or other natural water course to be cleaned of earth, debris or rubbish or ordering the restoration of the grade of the real property so as to permit the natural run-off of rain water or to cause the abatement of the obstruction of the drainage easement, within thirty days of the mailing of such notice.

   (d)    The failure of any owner of real property, the grade of which is lower than adjacent property or upon which a drainage easement exists, to restore the original grade or remove any barrier causing the accumulation of stagnant water on adjacent property within thirty days after the mailing of the notice by the Mayor as provided for herein shall be deemed a violation of this section. (Ord. 60-1968. Passed 10-10-68.)

   (e)    Whoever violates this section is guilty of a minor misdemeanor. Each day after the thirty day period following the mailing of notice by the Mayor shall be a separate offense.