[Ord. No. 846 §1, 12-9-1993]
Any drainage directed off of any private property, including,
but not limited to, storm drains or basement drains, shall be so directed
into a properly designed waterway. Any such designed waterway shall
not cause any drainage onto street surfaces or grades, side ditches,
sidewalks or walkways and shall not cause any type of traffic hazard.
This Chapter shall not be applied to natural riparian rights.
[Ord. No. 846 §2, 12-9-1993]
Whenever any driveway or entrance walk is constructed in the
City that extends into the street, alley, right-of-way or public property,
drainage shall be provided by the installation of a suitable drainage
structure as provided in this Section. The appropriate City Officer
shall determine the size of opening required, which shall not at any
location be less than an eight (8) inch inside diameter pipe or its
equivalent. It shall be the responsibility of the owner and/or occupant
of the affected property, or the person or entity seeking the permit,
to construct and install the necessary structure which may be of any
approved culvert material including, but not limited to, corrugated
metal pipe, steel, cast iron or cement concrete pipe or a concrete
box culvert.
[Ord. No. 1116 §1, 5-8-2008]
A. It shall be the responsibility of the owner and/or occupant of the affected property to maintain in good repair any driveway or entrance walk drainage structure allowed pursuant to Section
515.020. If the City determines that the tube is not in good repair, beyond repair, crushed or blocked such that it does not meet the minimum diameter requirements of Section
515.020 or is causing water overflow onto City or neighboring property (all such failure hereinafter collectively described as a failed drainage structure), the property owner shall replace or repair the drainage structure and shall furnish the tube and all materials necessary for installation. If, in the City's opinion, it is a simple installation, the City may install the tube and materials provided by the property owner; if not, the property owner desiring a drainage structure shall be responsible for the costs of proper construction.
B. If, after
determination that the existing tube is a failed drainage structure,
any property owner fails to provide a replacement tube and all materials
necessary for tube replacement, then the City may remove the failed
drainage structure from the City right-of-way so as to allow for proper
drainage. The City may install a replacement tube and materials at
such time as they are provided by the property owner.
[Ord. No. 846 §3, 12-9-1993]
The material covering a drainage structure shall be compacted
as so directed by the appropriate City Officer. The surface material
covering a drainage structure or portion thereof that is situated
on a public right-of-way or public property shall be consistent with
the surface material of the adjoining City street, alley, right-of-way
or public property.
[Ord. No. 846 §4, 12-9-1993]
A. No person
or entity shall cause a drainage structure or a portion thereof that
shall lie situated on a public right-of way or public property to
be installed without first submitting a written application for a
permit to the appropriate City Officer on a form to be provided by
the City. Said application shall at a minimum state the approximate
location of the proposed installation, the material of the drainage
structure and the size of the structure and shall be accompanied by
written illustrations, diagrams, specifications and/or descriptions
setting forth in reasonable detail the proposed drainage structure
to be installed. Said application shall be accompanied by payment
of any fees required by the City.
B. The appropriate
City Officer shall have at least three (3) days after receipt of said
application for installation of a drainage structure, exclusive of
Saturday, Sunday and holidays, to approve or disapprove the proposed
installation. If the application is approved, the same shall be so
certified on the application form and the applicant may then receive
the permit. If the application is not approved, the same shall be
so certified on the application form and the applicant may then obtain
a refund of any fees paid to the City Collector, or the applicant
may appeal said decision to the Mayor and the Board of Aldermen by
giving written notice of same to the City Clerk. Said notice of appeal
must be made by the applicant within three (3) days after applicant's
receipt of notice of disapproval. Upon the City's receipt of applicant's
notice of appeal, a hearing for said purpose shall be held within
thirty (30) days after receipt of such notice of appeal and after
hearing the applicant's protest the Mayor and the Board of Aldermen
shall issue a decision concerning same and their determination shall
be binding.
[Ord. No. 846 §5, 12-9-1993]
No person or entity shall submit application for the installation
of a drainage structure without first paying to the City Collector
for Mound City a five dollar ($5.00) permit fee for each proposed
drainage structure.
[Ord. No. 846 §6, 12-9-1993]
Upon the completion of the installation of a drainage structure
or as soon thereafter as reasonably possible, each installation shall
be inspected by the appropriate City Officer for compliance with the
terms of this Chapter. In the event said installation fails to be
approved, the person or entity making the installation shall be responsible
for correcting same to comply with the terms of this Chapter and to
receive final approval by the City.
[Ord. No. 846 §7, 12-9-1993]
A drainage structure installation under construction shall be
barricaded and identified with lights and/or smudge pots as so required
by the appropriate City Officer. The person or entity responsible
for the installation of the drainage structure shall be responsible
for providing the required barricades, lights and/or smudge pots and
failure to provide same shall be a violation of this Chapter.
[Ord. No. 846 §8, 12-9-1993]
Under extenuating circumstances, such as unusual street width,
conditions of subgrade, lay or contour of land, development of new
materials or methods or other unforeseeable conditions, the Mayor
may, on the recommendation of the appropriate City Officer, waive
any restrictive construction requirements specified in this Chapter
when such deviation would not be detrimental to the City.