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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)
(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)
When a hearing has been scheduled, the Board shall notify all affected parties of the date and time for the hearing. Any interested individual shall have the opportunity to appear and be heard. The Board may make a decision regarding the drainage dispute at the hearing, may defer the item pending additional information from either of the disputing parties, or may hold additional hearings on the dispute.
(Ord. 9, passed 1-18-2007)
ADMINISTRATION AND ENFORCEMENT
The Administrative Official is hereby authorized and directed to enforce all the provisions of this chapter and establish rules for its administration. The Administrative Official may designate technical officers and/or inspectors or other employees who shall be authorized to assist in the administration and enforcement of this chapter.
(Ord. 9, passed 1-18-2007)
(A) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Administrative Official or an authorized representative has reasonable cause to believe that there exists upon any premises a violation of this chapter, the Administrative Official or an authorized representative may enter such premises at all reasonable times to inspect the same or to perform any duty imposed upon the Administrative Official by this chapter, provided that if such property be occupied, the Administrative Official shall first present proper credentials and request entry; and if such property be unoccupied, the Administrative Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry. If such entry is refused, the Administrative Official or an authorized representative shall have recourse to every remedy provided by law to secure entry.
(B) When the Administrative Official or an authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care, or control of any property shall fail or neglect, after proper request is made as herein provided, to promptly permit entry thereon by the Administrative Official or an authorized representative for the purpose of inspection and examination pursuant to this chapter.
(Ord. 9, passed 1-18-2007)
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