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(a) No person shall place, or cause to be placed, any leaves or other material so as to obstruct a gutter, drain, ditch or interfere with the proper flow of water in any gutter, drain or ditch located within a public right-of-way.
(b) No person shall cause or allow leaves or other material to accumulate so as to obstruct the gutter, drain or ditch located within a public right-of-way which abuts property owned or leased by him or her or over which he or she has charge.
(c) Property owners of lands adjoining or abutting a storm water drainage ditch within a right-of-way or other public ground are responsible for the care of such ditch.
(Ord. 79-2004. Passed 6-28-04.)
Swales shall be maintained by the owners of the parcels on which they are located, and at no time will anyone plant shrubs and/or trees, or discharge, empty, or place any material, fill or waste into any swale so as to divert or impede drainage flow. Small swales can be mowed as part of the yard. Larger swales in meadow situations should be mowed less frequently in order to allow grasses to grow taller to retard runoff and prevent erosion. Swales in woodland areas should be left in their natural condition leaving understory growth to retard runoff and prevent erosion.
(Ord. 79-2004. Passed 6-28-04.)
The Director of Public Service or anyone acting under his authority may enter immediately:
(a) Upon any lands adjacent to any of the streets or highways in the Municipality for the purpose of opening an existing ditch, drain or swale, or for digging a new ditch, drain or swale for the free passage of water for the drainage of highways;
(b) Upon any lands adjoining rivers, streams, creeks, lakes, reservoirs, or ponds, to drive piles, throw up embankments, and perform such other labor as is necessary to keep such rivers, streams, creeks, lakes, reservoirs, or ponds within their proper channels or basins, and to prevent their encroachment upon the highways, bridges or culverts;
(c) Upon the lands adjoining a street or highway, which, during the spring freshets or at a time of high water, are subject to overflow from such rivers, streams, or creeks, to remove or change the position of a fence or other obstruction preventing the free flow of water under or through a street or highway, bridge or culvert, whenever the Director of Public Service deems it necessary for the protection of such highway, bridge or culvert;
(d) Upon any lands adjacent to streets or highways, to remove any fence or other obstruction which causes snow to drift upon such highway and erect snow fences or other devices upon such lands to prevent the drifting of snow in or upon the street or highway.
(Ord. 79-2004. Passed 6-28-04.)
(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.)
(a) A driveway culvert is the responsibility of the owner, lessee, agent or tenant having charge of such land. No person shall install a driveway culvert without first obtaining a permit therefor from the Director of Public Service or his or her authorized agent. The Director shall set the fee for such permit and prescribe the minimum standards for construction based on the site.
(b) Tiling over a storm water drainage tile within a right-of-way is the responsibility of the owner, lessee, agent or tenant having charge of such land. No person shall install storm water drainage tile within a right-of-way or other public ground abutting a public street without first obtaining a permit therefor from the Director of Public Service or his or her authorized agent. The Director shall set the fee for such permit and prescribe the minimum standards for construction based on the site. The City shall thereafter maintain and install such tile at the location involved.
(c) The permit fee for a culvert or tile required under this section shall not apply to:
(1) A duly authorized officer or employee of the City; or
(2) The construction and repair of public improvements requested and approved by the City.
(d) After a determination of the required minimum standards for such culvert or tile has been made, the applicant may have the work performed by a private contractor. Before a permit is issued under this chapter, the applicant shall deposit with the Director of Public Service a cash deposit or performance bond in an amount determined by the Director, with a minimum of two hundred dollars ($200.00) payable to the City. In such case, the applicant shall have the work inspected by the City and shall perform any necessary corrections. Upon the failure to do so, the applicant shall be subject to forfeiture of any cash deposit required and the penalty set forth in Section 1028.99. The applicant, after obtaining a permit as required above, may request that the City perform the work. In such case, the applicant shall provide at the site the proper size and type of culvert or tile showing the location by stakes and shall pay the additional charges for other material and labor as set forth by the Director of Public Service.
(Ord. 79-2004. Passed 6-28-04.)
(a) All culvert pipe to be installed in driveways for private residential use shall be at least 20 feet in length and shall be composed of corrugated metal a minimum of 12 inches in diameter, or equivalent plastic piping as determined by the Director of Public Service.
(b) In the event that the Director of Public Service determines that a 12-inch pipe, or its equivalent, will not provide adequate drainage for a culvert or storm water drainage tile within a right-of-way or other public ground abutting a public street, then the Director shall prescribe the minimum diameter of pipe, which shall be used in order to provide necessary drainage.
(Ord. 79-2004. Passed 6-28-04.)
(a) When the Director of Public Service determines that a driveway culvert upon land in the City has been damaged or is otherwise inoperable, he or she shall cause a written notice to be served upon the owner, lessee, agent or tenant having charge of such land, notifying him or her that such culvert is inoperable and that such condition must be remedied within thirty days from such notice. When replacement of the culvert is prescribed, such person having charge of the land shall comply with Sections 1028.06 and 1028.07. If the owner or other person having charge of such land is a nonresident whose address is known, such notice shall be sent to his or her address by certified or registered mail. If the address of such owner is unknown, it shall be sufficient to publish such notice once in a newspaper of general circulation in the County. If any service is attempted by certified or registered mail and is returned unclaimed, service shall be deemed complete upon regular mailing to the same address. Any notice herein may be served personally upon the person in control of such land, and a return of service made, by any person duly authorized to do so by order of the Director of Public Service.
(b) If the owner, lessee, agent or tenant having control of the land mentioned above fails to comply with the notice specified above, the Director of Public Service shall cause such inoperable culvert to be made operable and may purchase any necessary material and employ any necessary labor to perform the task. All expenses incurred shall be paid out of any money in the Treasury of the Municipality not otherwise appropriated, subject to compliance with all other applicable laws governing the purchase of supplies and the provision of labor in the Department of Public Service.
(c) The Director of Public Service shall make a written return to the County Auditor of his or her actions under the above sections, with a statement of the charges for the costs incurred by the City. Such amounts shall be entered upon the tax duplicate, shall be a lien upon such lands from the date of entry and shall be collected as other taxes and returned to the City with the General Fund.
(d) In an emergency situation where the Director of Public Service determines time is of the essence for the opening of an existing ditch, drain or swale, the Director of Public Service may replace a driveway culvert that is impeding the free passage of water. The owner, lessee, agent or tenant having control of the land shall be responsible for the replacement and permit costs of an emergency-replaced driveway culvert. If the charges for the costs are not paid within 30 days, such amounts shall be entered upon the tax duplicate. These costs shall be a lien upon such lands from the date of entry and shall be collected as other taxes and returned to the City with the General Fund.
(Ord. 79-2004. Passed 6-28-04; Ord. 45-4005. Passed 6-27-05.)
No person shall construct a new residence, commercial, or industrial structure upon one or more parcels of land within the City without installing storm water drainage tile within the right- of-way or other public ground abutting a public street. Such installation shall be in accordance with the provisions of this chapter.
(Ord. 79-2004. Passed 6-28-04.)
Whoever violates any of the provisions of this chapter is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 79-2004. Passed 6-28-04.)