(a) A builder, contractor, landscaper or owner doing grading, regrading, landscaping, sodding or performing any other work affecting drainage of a parcel of land in the City, after an occupancy permit has been issued, shall, prior to doing any such work, obtain from the City Engineer a permit to perform such work. Such work shall strictly adhere to the topography and drainage map of the lot on file in the City Engineer's office. Any deviation from such plan shall require a drawing indicating the deviation, which drawing shall be submitted to the City Engineer for his review and approval. As conditions for the issuance of a permit for grading, regrading, landscaping, sodding and other such work, the person performing such work shall be licensed and shall deposit with the City Engineer the sum of two hundred dollars ($200.00).
(1) Twenty-five dollars ($25.00) of the deposit shall be used for checking plans, establishing finished grades where necessary and inspecting and/or surveying the lot for which a permit is being obtained.
(2) If the work does not conform to the approved plans and the deficiencies are not corrected within fifteen days after request by the City Engineer, then the City Engineer shall cause the deficiencies to be corrected as provided in subsections (b) and (c) hereof. When the work has been completed, inspected and approved by the City Engineer, whatever balance remains in the deposit may be refunded.
(b) If the owner, occupant or any other person in charge of such premises fails to comply with the requirements of this section, then the City may enter upon such premises and remove any and all obstructions from any drain, ditch, swale or other surface water conductor and regrade the surface of such premises to the finished grade line heretofore established.
(c) If the City deems it necessary to enter such premises to perform the work described in subsection (b) hereof, then the City shall first give written notice by certified mail to the owner, occupant or other person in charge of the premises, or by posting a copy of the notice on the premises, to comply with the requirements of this section within the time specified in such notice. In case of the failure or refusal of such owner, occupant or other person in charge of such premises to comply with such notice and the requirements of this section, then the work required thereby may be done at the expense of the City. The City then shall determine the amount paid for such work and shall maintain the description of the property on which work was done. Such amount paid for such work and the description of such property shall be certified to the County Auditor and shall be entered upon the tax duplicate, become a lien upon such lands from the date of entry and be collected as other taxes and returned to the City for deposit in the General Fund. In the alternative, the City may recover the amount of money so expended for such work from the owner, occupant or other person in charge of such premises before any court of competent jurisdiction.
(Ord. 1977-111. Passed 6-6-77.)
(Ord. 1977-111. Passed 6-6-77.)