(A) The city shall be responsible only for the portions of the drainage system which are in city maintained street rights-of-way or where constructed within permanent storm drainage easements conveyed to and accepted by the city. Repairs and improvements to the drainage system shall be in accordance with established standards, policies and schedules.
(B) The city’s acquisition of storm drainage easements and/or the construction or repair by the city of drainage facilities does not constitute a warranty against stormwater hazards, including, but not limited to, flooding, erosion or standing water.
(C) The city shall obtain permanent drainage easements from property owners from time to time to ensure conveyance of unimpeded stormwater flow to an acceptable outlet and directly to a receiving water. All storm drainage facilities within a recorded easement conveyed to and accepted by the city shall be owned and maintained by the city.
(D) Persons owning or occupying property abutting a drainage ditch or driveway pipe culvert passes shall keep and maintain that part of the drainage ditch and driveway culvert free from debris, excessive vegetation and other obstacles that would pollute, contaminate or retard the flow of water through the drainage ditch system.
(E) The property owner shall maintain and operate existing privately owned storm drainage systems best management practices and stormwater management facilities, so that such systems will not become a hazard to the use, function or physical integrity of the stormwater system.
(F) All existing or proposed drainage facilities such as swales, streams, best management practice facilities, stormwater management facilities, storm drain pipes, inlets, manholes and/or ditches located within privately owned easements or on privately owned property, even with a designated public drainage easement, unless accepted by the city, shall be the legal responsibility for the proper operation and maintenance by the property owner or homeowners association.
(G) To assist property owners, the city may establish a maintenance program to clean driveway pipe culverts and roadside drainage ditches on a revolving yearly schedule.
(Code 2019, § 23-7) (Res. 04142014, passed - -)