[Ord. No. 1992 §2, 8-17-1998]
All replacements and future installation of culverts and tubes
under or upon private or public lands and across ditches and alongside
of streets shall be of corrugated galvanized steel or of an equivalent
material of a size and gauge not less than sixteen (16) gauge prescribed
by the Public Works Director of Pleasant Valley, but no less than
ten (10) inches in diameter or less than twenty (20) feet in length
nor longer than thirty (30) feet in length.
[Ord. No. 1992 §2, 8-17-1998]
The surface and any supporting abutments or walls can be of
concrete if the culvert is on public property. The City Public Works
Department will offer its assistance to owners who wish to replace
driveway pipes or tubes on public property, unless the size or weight
exceeds the capacity of City equipment, in which case the owner shall
use a contractor licensed and approved for such work. The cost of
the pipe, extra fill, materials and any surfacing shall be at the
expense of the owner. It shall be the responsibility of the property
owner to replace the surface and any supporting abutments or walls
of concrete or asphaltic concrete built on public right-of-ways if
the culvert has to be taken out for any reason by the City.
[Ord. No. 1992 §2, 8-17-1998]
No person shall make, direct, allow or cause the installation
or replacement of any culverts or tubes for any purpose without first
obtaining a permit from the City Clerk or other person appointed by
the Board of Aldermen of the City of Pleasant Valley. The application
for each such permit shall be in writing by the person, or duly authorized
agent, who desires to do the work and shall give the exact location
and description of and dimensions of the work proposed to be done.
All replacement, repairs or installations that affect or require resurfacing
or replacement of paved surfaces, abutments, walls or improvements
shall not be the responsibility of the City. The application shall
include the provisions for surface and support where any culvert on
public property serves private property or a driveway to private property.
[Ord. No. 1992 §2, 8-17-1998]
The owner of all land upon or immediately adjoining each culvert
or tube shall not grade, terrace or obstruct the culvert, tube or
ditches to obstruct the natural flow of water and where the existing
culvert or tubes are inadequate or not kept clean, the City is authorized
to remove, replace or clean the ditches, culverts and tubes after
notice in writing to the owner of property where conditions exist
that would constitute a nuisance or where installation was done without
a permit or contrary to approval of the Street Commissioner. If the
City declares the condition a nuisance, the remedies and penalty of
the nuisance ordinance to abate the nuisance and assess the costs
thereof shall be incorporated herein by reference as a penalty together
with the fines prescribed by this Chapter.
[Ord. No. 1992 §2, 8-17-1998]
The permit authorized by this Chapter shall state the date issued
and include a date when work shall commence, and such date shall not
be more than thirty (30) days after the permit issues. The permit
shall further state the date when work shall be completed and such
completion date shall not be more than ten (10) days after work commences
without special written approval of the City. If work is not commenced
or completed by the date specified, the permit expires and a new permit
must be obtained.
[Ord. No. 1992 §2, 8-17-1998]
Any person who shall violate any provisions or the requirements
of this Chapter or shall fail, neglect or refuse to comply with any
provisions, regulation or requirement thereof shall stop the violation,
make corrections to conform to this Chapter and be deemed guilty of
a misdemeanor and upon conviction of any such violation shall be punished
by a fine of not less than one dollar ($1.00) nor more than five hundred
dollars ($500.00) or confinement to a municipal correction institute
for a term of up to ninety (90) days, or by both fine and imprisonment
for each and every day that such violation continues. Any person who,
having been notified of violation under this Chapter, shall continue
to violate the provisions of the Chapter by failing to comply within
ten (10) days after notice shall also, in addition to the criminal
penalty, be subject to a civil penalty of one hundred dollars ($100.00)
per day and the reasonable attorney fees required to enforce compliance
and collection of the penalty herein provided. Every day before and
after conviction for violation shall be a separate and distinct offense
for which a person may be again arrested, tried, convicted and punished
as in the past instance. The notice provided may be delivered in person
or certified mail addressed to the owner, as shown on the tax records
of the City of Pleasant Valley, Missouri.
