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A. Definitions: For the purpose of this section the following terms, phrases, words, and their derivatives, shall have the meanings as stated in this section.
DRIVEWAY: A private driveway, private road, or other traveled way giving access from a public roadway to private property.
MAINTENANCE: Mowing and/or the removal of brush, litter, debris, or sediment to sustain the hydraulic capacity and function.
RECONSTRUCT: To replace in the same location with the same size, shape, or hydraulic capacity and function.
RELOCATE OR MODIFY: To change the location, size or shape of the culvert, or to change drainage such as increase or decrease the hydraulic capacity or change the hydraulic function, etc.
B. Required: There shall be installed in every ditch or drain in, upon or along any street, alley, driveway, parkway or other public thoroughfare, where private driveways cross the same, furnishing ingress and egress from adjacent property to and upon the street, a culvert in accordance with the provisions of this section and the rules and regulations adopted hereunder.
C. Permits: No person shall install, reconstruct, relocate, or modify any ditch or culvert in, upon or along any street, alley, driveway, parkway or other public thoroughfare without a permit so to do from the city engineering department. The permit shall be issued at a charge as established by the city's fee schedule to the applicant.
D. Regulations: The city may prepare regulations in reference to the size, type, mode of installation and all other matters in reference to the installation of culverts, which regulations shall be in effect upon approval by the council. In absence of regulations, the plans, specifications, materials, and methods of construction must be approved by the city engineer. The materials and procedures set forth in appropriate specifications of the American Society Of Testing Materials (ASTM) shall apply.
E. Enforcement: The city shall enforce this section and any regulations adopted hereunder. The city engineer or public works director, or their designee, may issue a written notice or a stop work order.
1. Written Notice: The city shall notify the property owner in writing of any violation of this section. Any violation shall, upon written notice by the city to the property owner, be remedied in accordance with the provisions of this section within such time as the city designates in the written notice, which may not be less than ninety (90) days after the date of the notice.
2. Stop Work Order: If work is being performed contrary to the terms of code, the permit, or without a permit, a stop work order shall be issued and work must immediately cease.
F. Ditch And Culvert Maintenance, Relocation, Modification, Reconstruction, And Improvement:
1. Ditch Maintenance And Improvements:
a. The ditch adjacent to all occupied private property shall be maintained, as defined in this section, by the property owner to permit free and unobstructed flow of water. This provision applies to ditches on public right of way as well as ditches on private property. This provision does not apply to ditches under the jurisdiction of other governmental agencies.
b. A ditch, located on private property, which is found to be inadequate for the use and purpose for which it is intended shall, upon written notice by the city to the owner, be reconstructed by the property owner.
c. Relocation or modification of a ditch located on private property must comply with the provisions of title 3, chapter 8 and section 10-19-6 of this code, and this section and shall be completed at the property owner's expense.
d. The reconstruction, relocation, or modification of a ditch located within public right of way shall be constructed by the city as a public improvement.
2. Culvert Maintenance And Improvements:
a. Culverts installed for the sole purpose of providing access to private property must provide adequate surface drainage and shall be maintained by the property owner in such a manner to permit unobstructed flow of water. Any culvert which is deteriorated, damaged or which is found to be inadequate for the use and purpose for which it is intended shall, upon written notice by the city to the owner be reconstructed by the property owner.
b. Relocation or modification of a culvert located on private property must comply with the provisions of title 3, chapter 8 and section 10-19-6 of this code, and this section and shall be completed at the property owner's expense.
c. Improvements to a roadway or drainage ditch, located on public right of way, shall be constructed by the city as a public improvement. If the improvement requires the removal of a part of a driveway and/or culvert the cost of construction of the driveway and replacement of the culvert will be included in the total cost of the public improvement. The city shall not be responsible for repair or replacement of stone, decorative pavement, brick, wood, end walls, head walls, retaining walls, pillars, etc., constructed in the right of way even if such was approved by the city.
3. Petition: A property owner may petition the city to have the costs for ditch and culvert reconstruction, relocation, and modification paid as a special assessment if the work is located within public right of way. (Ord. 2015-01, 2-9-2015)