(a) Department of Public Service employees perform the maintenance work on ditches or the drainage system. While in the process of cleaning, repairing, or other maintenance work on ditches or drainage improvements, Department of Public Service employees may go upon the adjoining or abutting lands within the permanent easement as necessary for proper operation of the required machinery, tools, motor vehicles, conveyances, or other equipment.
(b) In the case of open ditches requiring maintenance work, the permanent easement so used shall be not more than 25 feet from the top of the bank, measured at right angles thereto, and wherever practical the area so used shall be on one side of the ditch only. When in his opinion an emergency situation exists at an open ditch needing maintenance, the Director of Public Service may temporarily extend the easement to not more than 75 feet from the top of the bank, measured at right angles thereto, in order to conduct the necessary maintenance work and alleviate the condition or conditions causing the emergency situation. The maximum width of permanent easement for closed ditches shall not exceed 80 feet centered on the centerline of the improvement. The permanent easement for all other improvements shall be as located and the width as specified by the Municipal Engineer.
(c) Under contract work, the Municipal Engineer may specify the right-of-way to be used within the permanent easement. In using the right-of-way, the persons performing maintenance shall, as far as possible, avoid damage to the owner of the adjoining or abutting lands. Where the nature of the surface of the adjoining or abutting land does not prevent it, and there are growing crops on one side of the ditch but none upon the other, the right-of-way provided for shall be used on that side of the ditch on which there are no growing crops.
(d) When the performance of maintenance requires the damage of existing lawn grass, sod or seeded strip, the damage area shall be repaired. If in the doing of this work it is necessary to damage or temporarily remove any fences, poles, or wire lines, the cost of repairing, removing, and replacing the fences, poles, and wire lines shall be included in the total cost of the maintenance.
(Ord. 79-2004. Passed 6-28-04.)