Purpose. The city finds that it is necessary to allow the drainage of water from some back yards to prevent pooling and other effects of standing water. The purpose of this section is to regulate the maintenance of these drains.
(A) Drains installed as part of a new street construction or by the city. If a back yard drain was installed as a part of a new street project, or was installed by the city to alleviate ponding issues, the city shall have an easement to enter the property in order to maintain the drain, make changes to the drain, or repair the drain. The easement area shall include the area necessary to maintain the structure and the piping.
(B) Drains installed by citizens or parties other than the city. If the drain and piping is installed by any entity other than the city, the property owner in which the structure and pipes are located shall assume responsibility for the maintenance and functionality of the structure and subsequent piping, this shall include the point of connection in to the city utility service. The property owner shall submit a construction plan to the city for review and approval, showing the size and location of any new private back yard drain. The property owner agrees to hold harmless the city for any damage that the structure, piping or connection to city utilities may have on any other property, or the city's utility that are the result of the actions or inactions of the property in the installation, maintenance, lack of maintenance, of the structure, piping and connection.
(Ord. 112, 4th series, passed 1-22-2019)