(a) The Director of Engineering may identify lots within the City which are in need of storm drainage relief based on the following criteria:
(1) The causes of storm drainage issues for which relief is desired are related to the original design and construction of the developments on the properties and not related to changes in the property and its topography by individual owners of lots of record since the original construction on the property;
(2) That the storm drainage problem for which relief is desired cannot be attributed, based on engineering analysis, to actions by individual property owners as opposed to the original developer or the natural topography of the area for which relief is requested; (Ord. 2000-87. Passed 5-18-00.)
(3) The benefit service area shall be a minimum of three parcels;
(Ord. 2008-97. Passed 7-3-08.)
(4) The cause of the lot drainage problem cannot be attributed to a single entity;
(5) Any and all easements or rights of way from all affected property owners shall be made available at no cost to the City; and
(6) That all affected property owners upon which the relief program is determined necessary by the City Engineer shall agree to the proposed remediation and the cost sharing as set forth in this section.
(Ord. 2000-87. Passed 5-18-00.)
(b) The Mayor, based upon a determination by the Director of Engineering, shall have final approval of all such projects and shall schedule the order in which the work is completed by the City or its agents and his determination shall be final. Based upon findings by the Director of Engineering and other analysis as appropriate, the Mayor may declare certain areas and/or individual properties of the City ineligible for this program.
(c) The cost to the individual property owners for their assessment for the private property benefit for such relief as described above shall be fifteen dollars ($15.00) per lineal foot of the installed improvement. All applications for such projects shall be filed no later than the close of business on December 31, 2009.
(Ord. 2008-97. Passed 7-3-08.)
(d) Prior to the start of any work, the affected property owners shall be notified of the total cost for which they will be responsible and a copy of such notice signed by the property owners and acknowledging their agreement to pay within the terms of this section must be received by the Director of Finance. Property owners shall pay in three annual installments with interest on the unpaid amount due at the same rate or rates of interest as shall be borne by securities to be issued in anticipation of the collection of the total of the unpaid amount due, provided the property owner may pay the total amount due in cash within thirty days after receiving a notice of completion of the job.
(e) Should a property owner fail to pay as set forth herein, the City shall place said monies due as a lien on the property owner’s tax duplicate.
(f) All affected property owners shall be required to sign a joint agreement with the City setting forth the terms and conditions contained in this section and further providing that the property owners shall be responsible for all future maintenance and repairs to the system after its installation. Such agreement shall be in a form so that, if the City elects to do so, it can be recorded on the records of the subject property with the County Recorder of Cuyahoga County.
(g) The application of this program to any particular parcel within the City shall not create a right in other property owners regarding a similar application. The number of applications that may be approved in any year during the term of this section shall be limited by the funds available as established in the annual budget by Council, the availability of City workers for construction of the project, the review of each application by the Director of Engineering, and the discretion of the Mayor in establishing the priority and scheduling of projects.
(Ord. 2000-87. Passed 5-18-00; Ord. 2004-74. Passed 6-3-04.)