(a) The existence of a culvert in a roadside drainage ditch which impedes or obstructs the natural flow of water causing it to back up or become stagnant is hereby declared to be a nuisance. For purposes of this section, a "culvert" is any conduit for conveying water through an embankment, such as a driveway or roadway.
(b) The Service Director is hereby authorized and directed to establish an inspection program for the purpose of discovering and alleviating such nuisance conditions in culverts. Upon finding any such condition, the Director shall make a further investigation and finding stating whether the cause of the obstruction is blockage by foreign material, undersizing of the culvert, the deteriorated condition thereof or some other cause. If the cause of the blockage is undersizing of the culvert, the Director shall request the City Engineer to make a finding as to the proper sizing thereof. Within two weeks after receiving such request, the City Engineer shall certify to the Director the proper size of the culvert needed at that particular point in view of the facts then observable by the City Engineer.
(c) Upon determination of the action required to correct the obstructed condition, the Director shall cause notice to be given to the owner of the abutting property stating the existence of the condition, the action required to correct it and the probable cost of materials thereof. The notice shall further state that the owner is ordered to correct the deficiency within thirty days from the date of receipt of the notice or to authorize the City, on a form provided by the Director, to correct such deficiency.
(d) In the event that the owner requests the City to correct the deficiency, the owner shall be liable only for the cost of materials actually used and shall deposit with the City the estimated cost of such materials as stated in the notice at the time at which the request is made for the City to do the work. Upon completion of the work, the owner will be notified of the actual cost of materials used and will either receive a bill for additional costs not covered by the deposit, which bill shall be payable within thirty days from its date, or shall receive a refund forthwith of any unused amount of deposit.
(Ord. 59-75. Passed 1-27-76.)
(e) In the event that, within thirty days from the date of receipt of notice by the abutting property owner, the owner has failed to correct the deficiency and has failed to file a request and deposit with the City for the correction of the deficiency, the Director is authorized to cause the work to be done at the expense of the City. He shall keep accurate records of the cost of materials and labor used in the project which shall become a lien on the abutting lands. At the completion of the work, the Director shall certify the total amount of labor and materials involved to Council. Council, shall forthwith pass an ordinance assessing the total cost thereof plus interest at the rate of ten percent per year until such amount is paid and a penalty of fifteen percent of the cost thereof to cover additional expenses to the City caused by the owner’s failure to abate the nuisance. Upon passage of such ordinance, the Law Department shall take such action as is necessary to recover the total amount, either by causing a certification to be made to the County Auditor in such circumstances as that may be done, by recovery in a court of competent jurisdiction or by enforcement of the lien.
(Ord. 54-83. Passed 6-27-83.)