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§ 51.063 ASSESSMENT OF COSTS.
   All costs associated with the coordinated drainage area shall be paid by the landowners within the district. The city may perform necessary construction and/or maintenance and recover the costs by assessing the benefitted landowners within the coordinated drainage area.
(Ord. 9, passed 1-18-2007)
DRAINAGE COMPLAINTS
§ 51.075 JURISDICTION ON DRAINAGE DISPUTES.
   Any landowner may take a drainage dispute directly to circuit court. However, pursuant to SDCL § 46A-10A-34, the Board may address any drainage disputes in the incorporated area of the city. The Board may provide that certain types or categories of drainage disputes will not be heard by the Board and must be taken directly to circuit court.
(Ord. 9, passed 1-18-2007)
§ 51.076 FILING A COMPLAINT.
   Any landowner in the city or county may file a drainage complaint by setting forth the facts of the drainage dispute in writing and submitting it to the Administrative Official. The complaint shall include the name and address of the complainant, the location of the property which has suffered or may suffer damage, and the location of the property against which the complaint is being registered. When possible, the complaint should detail the type and location of work and when the work occurred. The Board may require that a drainage dispute include expert reports from a professional engineer or surveyor.
(Ord. 9, passed 1-18-2007)
§ 51.077 ADMINISTRATIVE OFFICIAL TO OFFER POSSIBLE RESOLUTION/DECISION.
   (A)   Upon receipt of a drainage complaint, the Administrative Official shall make an investigation of the facts, offer a recommendation for resolution to the parties involved, and, if requested by any affected party, forward the complaint to the Board for a hearing.
   (B)   The Board shall make a determination whether they will accept jurisdiction over the particular type or category of drainage which is set forth in the complaint. If the Board does not accept jurisdiction, the dispute may be taken to circuit court.
   (C)   If the Board does accept jurisdiction, a date for a public hearing on the drainage complaint shall be set.
(Ord. 9, passed 1-18-2007)
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