711.13 DITCH, CULVERT OBSTRUCTION ON PRIVATE LAND.

   The Municipality, in order to protect the public health, safety and general welfare, requires the following:

    (a)    No person shall obstruct, or cause the obstruction of any ditch, drain or watercourse of any kind, natural or artificial in the Municipality, by constructing or erecting therein a culvert, dam or other obstruction of any kind without first obtaining a Use permit from the Director as described herein.

   (b)    A fee of two hundred dollars ($200.00) shall be charged for such permit for the cost and expense arising therefrom. The person desiring such a permit shall comply with all applicable requirements of this chapter.

   (c)    No Permits shall be granted by the Director for the construction or erection of a culvert, dam or other obstruction of any kind that would cause the water to flow back and flood any public right-of-way or private residence or cause any other detriment to the public health, safety or general welfare, or would not be of sufficient size and capacity to accommodate the flow of water resulting from a storm occurring with a frequency of one in ten years, as determined by a generally accepted method of design, taking into consideration the upstream drainage area as being fully developed.

   (d)    The Director shall serve notice upon the owner or upon the person having the care and control of any lot or parcel of land through which any ditch, drain or watercourse of any kind, natural or artificial, passes to remove, within ten (10) days after service of such notice, any culvert, dam or other obstruction of any kind which is deemed detrimental to the public health, safety or general welfare or otherwise does not comply with this chapter.

   (e)    Failure or refusal of the owner, or of the person having the care and control of such lot or parcel of land to comply with such notice shall be subject to the penalty set forth in Section 711.99. If the owner or the person having the care and control of such lot or parcel of land fails or refuses to comply with such notice, the Director may authorize the work required by such notice to be done at the expense of the Municipality, and the amount of money so expended shall be recoverable from the person upon whom such notice was served by a civil action in any court of competent jurisdiction.

      (Ord. 5-2003. Passed 3-13-03.)