(a) Whenever the City Engineer finds that a tract of land is inadequately drained, that there is an obstruction to a culvert or watercourse that interferes with water naturally flowing therein, or that such culvert, storm sewer or watercourse is of insufficient capacity to reasonably accommodate the flow of water, as required by this chapter, the City Engineer shall notify the owner or person having possession, charge or management of such land to remove the obstruction or provide adequate drainage. Such notice shall be served on such persons by personal delivery, by registered mail at the last known place of residence or by posting on the premises.
(b) The owner shall comply with the City Engineer's orders within the time specified in the notice, not to be less than thirty days and not to exceed ninety days.
(c) In any case where an improper drainage condition exists beyond the time specified by the City Engineer in the notice, the City Manager shall schedule a show-cause hearing, giving the property owner an opportunity to offer reasons as to why the owner is unwilling or unable to comply with the orders of the City Engineer. The owner shall receive notification of the hearing at least two weeks in advance of the scheduled date. Such notice shall be served on such persons by personal delivery, by registered mail at the last known place of residence or by posting on the premises.
(d) Following the show-cause hearing, the City Manager may accept, reject or modify the order of the City Engineer. The Manager shall notify the petitioner, in writing, as to his or her decision on the matter. Orders for compliance shall set forth a specific deadline.
(e) A copy of the City Manager's decision shall be served upon the owner or his or her agent, or published in a newspaper of general circulation in the City for two consecutive weeks. Once this action has taken place, the owner or his or her agent shall comply with the order within the time therein specified.
(f) Failure of the City to observe or recognize hazardous conditions or to recommend denial of a permit shall not relieve the developer from the responsibility for the condition or damage resulting therefrom, and shall not result in the City, its officers or agents, being responsible for any condition or damage resulting therefrom.
(g) Nothing in this chapter shall be construed as authorizing any person to maintain a private or public nuisance on his or her property, and compliance with the provisions of this chapter shall not be a defense in any action to abate such a nuisance.
(Ord. A-1947. Passed 3-14-94.)