(A) Findings of governing body. The City Council finds that proper drains and waterways are necessary for the purpose of controlling the flow of water within the city;
(B) Standards and criteria.
(1) Pipes installed in drains and waterways shall be of the size required as otherwise set out in this section.
(2) Pipes shall be of concrete construction only, and shall be constructed in accordance with city standards and specifications in existence for such pipe at the time of the installation of said pipe.
(3) Any pipe installed pursuant to this section shall be sized, installed, and properly bedded on, and in, gravel in accordance with the then-existing city standards and specifications for such pipe and installation, and shall, in addition, be installed with joints unsealed so as to allow infiltration of subsurface water that may exist, but said open joints shall be enclosed with fabric material of a type and in accordance with standards, and specifications, as may be approved by the city.
(4) The city, at its office, shall maintain a schedule showing the required size of pipe that shall be installed in particular areas of the city, as described therein.
(5) The city shall, at all times, also maintain a map showing which drains are public. Those drains listed on the map, and described in the schedule as being public drains, shall be maintained by the city. The following drains, however, shall not be maintained by the city, but by the entities presently responsible for their maintenance: Wilson drain, Hooper drain, and the Howard drain. The schedule and map herein referenced and cited are hereby adopted and made part of this section by reference as if set out fully herein, together with any amendments thereto as authorized from time to time by the Council.
(6) All proposed installation of pipe in drains and waterways shall require an application to be filed with the city for a permit and prior approval of the city before installation of said pipe.
(7) Where drains maintained by the city go through private property, it is the responsibility of said property owners to provide a method of access to those drains sufficient to allow the city to perform required drain maintenance. This access may be in the form of an appropriate gate, or other equally-efficient and effective device, providing for ingress and egress on the cleaning side of the drain to accommodate any drain cleaning equipment and personnel.
(8) Overhead objects hanging over, or going across, public drains must be maintained by the adjacent property owners with at least 18 feet of clearance above the surface plane of the ground adjacent to the drain.
(9) It is unlawful for any person or entity to place any substation, or other obstruction, in drains or waterways, or to locate any structure that would restrict to any degree the free flowage of water in the drain.
(Ord. 9-92, passed 7-20-1994) Penalty, see § 10.99