[R.O. 2006 §220.200; Ord. No. 02-019 §1, 2-4-2002]
It is declared that the surface water drainage system serves
the public in general and any obstruction or alteration to existing
ground conditions that produces or may tend to produce property damage
due to surface water flow constitutes a nuisance.
[R.O. 2006 §220.210; Ord. No. 02-019 §1, 2-4-2002]
A. It
shall be unlawful for any person to cause or to place, deposit to
be placed or deposited any leaves, grass, fill, sand, garbage, stone
or debris of any type or kind in any culvert, pipe, drainage ditch,
curb or grate inlet, stormwater junction box, street or watercourse.
B. It shall be unlawful for any owner of property to allow or permit any materials mentioned in Subsection
(A) to be placed or deposited in any culvert, pipe, drainage ditch, curb or grate inlet, stormwater junction box, street or watercourse or other portion of the drainage system adjacent to the owner's property.
C. Any
person found to be violating any provisions of this Section shall
be served with written notice stating the nature of the violation
and allowing the property owner or person found violating this Section
a ten (10) day time limit for the satisfactory correction thereof.
Any such person who continues to violate or shall continue in any
violation shall be deemed guilty of a misdemeanor. Each successive
day shall constitute a separate offense.
[R.O. 2006 §220.220; Ord. No. 02-019 §1, 2-4-2002]
A. It
shall be unlawful for any person to:
1. Place, deposit or permit to be placed or deposited any type of obstruction
including, but not limited to, debris, fill, sand, stone or other
solid materials into or across any streets, alleys, curb, ditch, culvert,
pipe, curb or grate inlet, stormwater junction box or other portion
of the drainage system of the City.
2. Construct and/or place any ditch, pipe, culvert or any other type
of device on their land which collects surface water so that the same
is discharged off of such land in increased and destructive quantities
to any paved surface, structures, roads, improvements, streets, alleys,
culverts, ditches, pipes or other drainage course or drainage system
of the City.
3. Fill, obstruct, dam, divert or otherwise change or alter any portion
of the drainage system of the City including, but not limited to,
any street, alley, culvert, ditch or pipe.
[R.O. 2006 §220.230; Ord. No. 02-019 §1, 2-4-2002]
All existing obstructions which have been placed or deposited
in any of the drainage systems of the City; or any collection of surface
water by a property owner into an artificial channel which causes
the same to be discharged in increased and destructive quantities
upon any real property and/or buildings, or which causes such discharge
in such a manner as to exceed the natural capacity shall constitute
an undue burden upon the drainage system of the City; or which reasonably
restricts the proper present or future course of development of the
official drainage system; or which constitutes a danger or hazard
to the well-being, safety or general welfare of the residents of the
City or any property located therein shall be removed or corrected
by the owners of the premises within sixty (60) days after written
notice to remove or correct the same.
[R.O. 2006 §220.240; Ord. No. 02-019 §1, 2-4-2002]
The prohibited acts and corrections of existing conditions set forth in Sections
220.140 and
220.150 shall have no application to work done pursuant to the authority of an agency of the Federal, State or other governmental body.
[R.O. 2006 §220.250; Ord. No. 02-019 §1, 2-4-2002]
A. Any person found to be violating any provisions of Sections
220.140 through
220.180 shall be served with a written notice stating the nature of the violation and providing a sixty (60) day time limit for the satisfactory correction thereof. The offender shall, within the period stated above, present plans and specifications prepared by a licensed professional engineer for correction of the violation. Such plans shall be filed, examined and approved by the Public Works Director or other designated official. The reviewing official at their discretion may waive the requirement for preparation of the plan by a professional engineer.
B. Any
person who continues any violation or fails to file a plan to correct
such violation or fails to carry out an approved plan within the time
limit provided above or provided in an approved plan shall be guilty
of a misdemeanor.