§ 100.38 DRAINAGE OF PUBLIC RIGHT-OF-WAY.
   (A)   If an area of the city has no positive storm drainage system, or if in the opinion of the City Engineer the existing positive storm drainage system is inadequate, no more than 50% of the area between the existing street pavement and the right-of-way line shall be paved, stabilized, or otherwise rendered reduced in permeability unless other methods of storm water removal, subject to the approval of the City Engineer, are provided. Installation and maintenance of any dry well or other percolation device installed pursuant to this section shall be the sole responsibility of the owner of the property benefitted thereby. Any maintenance or repair of any dry well or other percolation device by city forces shall be done only upon specific request of the property owner, in which case the property owner shall be charged the sum of $300 per dry well or other percolation device plus $100 per hour in excess of three hours for the maintenance or repair. Permeable areas shall be graded so as to receive storm water run-off from the public roadway and paved driveways.
   (B)   All grassed areas and other permeable areas within the public right-of-way shall be graded so that they are lower than the adjacent public street and driveway pavement. Street swales have a minimum depth of six inches below crown grade of the street unless authorized otherwise by the City Engineer. Permeable areas shall be maintained by the adjacent property owner at the grades originally approved for construction unless otherwise authorized by the city.
(‘58 Code, § 44.32.1) (Ord. 73-42, passed 5-1-73; Am. Ord. 75-66, passed 6-10-75; Am. Ord. 77-58, passed 8-9-77; Am. Ord. 78-75, passed 9-12-78; Am. Ord. 84-59, passed 6-5-84; Am. Ord. 2001-05, passed 10-10-00; Am. Ord. 2004-63, passed 9-14-04) Penalty, see § 10.99