(A) No landowner shall fill or obstruct, or allow to be filled or obstructed, on the landowner’s property any storm drain or ditch on the county road right-of-way without prior authorization of the Board of County Commissioners or their designated employee.
(B) There shall also be prohibited any plowing, discing, cultivating, planting, or any other farming operations within the limits of a storm drain or ditch as those activities are hereby deemed to cause obstruction to the proper drainage of roadside storm drains and ditches.
(C) FILLING OF A STORM DRAIN OR DITCH shall be defined as the placing of material other than water by any means in a storm drain or ditch which raises the flow line so that the original flow of stormwater is impeded.
(D) The LIMITS OF A STORM DRAIN or DITCH are defined as follows: The area between the intersection of the ditch foreslope with the roadside shoulder, and the intersection of the ditch backslope with the existing grade, and within the limits of the county road right-of-way.
(E) The natural accumulation of sediment in county-maintained ditches is not to be considered as a violation of this section, unless it is determined by the Board of Commissioners or its designated representative that the accumulation of sediment is excessive.
(F) Any landowner in violation of this section shall be given written notice of the violation delivered by certified mail, return receipt requested, to the address listed on his or her tax statements for said property in the office of the County Treasurer. Such landowner shall be given 28 days from the date of receipt to correct the violation to the satisfaction of the County Highway Superintendent. In case the notice is refused or not accepted by the landowner, the County Highway Department may take remedial action to correct the violation, and the county may then levy the fine referred to below. If the notice is delivered and accepted, but the violation is not corrected within 28 days of receipt by the landowner, the county may then take remedial action to correct the violation.
(Ord. 1996-18, passed 12-27-1996) Penalty, see § 153.99