(A) General.
(1) It is the responsibility of the owner of any real property to protect their property and any improvements on said property from any and all drainage that may flow from any public property, public roads, right of way, and easements, unless the said private property is damaged by drainage flows determined to be caused as a result of negligence on behalf of the Town, other public entity, utility, or private property owner.
(2) Improvements necessary to protect the property shall be approved by the Town, except for temporary measures that are utilized in the event of an emergency.
(B) Maintenance. Owners of any real property, including buildings and vacant land, that gain access from public property, public roads, right of way or easements are required to repair and maintain, at their sole cost and expense, any drainage feature, improvement, or facility that maintains positive drainage flow away from buildings or property improvements, and/or allows for access onto said real private property. This shall include drainage ditches, swales, berms, concrete curbs and curb cuts, concrete pans and gutters, culverts, driveways and any other features that are required for parking and/or access onto and for said property.
(C) Abatement for non-compliance. If the property owner is found to be in default or non-compliance of this requirement, the Town may notice the owner of such default by certified mail, requiring the default to be remedied within 60 days, given that the 60 days occur within the reasonable construction window of May through October.
(D) Lien. If any person fails or refuses to pay any charge imposed under this section, the Town may maintain and/or repair the issue, and the cost of such repair and/or maintenance shall be assessed upon and made a lien upon the land so benefitted. The Town Manager may, in addition to taking other collection remedies, certify due and unpaid charges to the Eagle County Treasurer for collection.
(Ord. 7(2024) § 1)