[Ord. 5796, passed 8-4-1959]
If any person in the City shall do, perform or allow to be done
and performed on his property, anything with reference to the fall,
accumulation and disposal of surface, roof and storm waters which
naturally fall upon his property in a manner which does not comply
with the provisions of the Commonwealth or City Plumbing Codes, he
shall be in violation of this article.
[Ord. 5796, passed 8-4-1959]
No property owner in the City may accumulate or allow to accumulate
on his land any surface, roof or storm waters, so that the same shall
run from his land onto the land of another in greater volume or with
more force and violence than the surface waters falling on the land
had naturally and in times past flowed. Any person who shall hereafter
accumulate or allow to be accumulated on his land any surface, roof
or storm waters so that the same shall flow onto adjacent land in
more volume or with more force and violence than surface waters had
been accustomed naturally to flow in times past, shall be subject
to the penalties of this article.
[Ord. 5796, passed 8-4-1959]
(a)
No person shall erect any dam, embankment or other structure on his
land so as to interfere with, back up or prevent the natural flow
of surface and storm waters from a neighbor's land onto his land,
as the same have been accustomed to flow in times past, and any person
who, on his land, interferes with, obstructs or turns back the natural
flow of surface waters from his neighbor's land onto his land,
as the same have in the past naturally and customarily flowed, shall
be guilty of a violation of this article.
(b)
Any property owner who desires to erect a retaining wall upon his
own land so as to catch and accumulate the surface water which naturally
and in times past has flowed from his neighbor's and onto his
land, shall not be prevented from doing so by this article, provided
he supplies on his land adequate drains and storm sewers to catch
the accumulated surface and storm waters and convey them to a City
storm sewer or the street gutter on the street in front of his property,
as required by the State or City Plumbing Code.
(c)
Any person who desires to raise the level of his land so as to protect
the same from surface and storm waters running onto his land from
his neighbor's land shall not be prevented from doing so by this
article if he shall, by adequate drains and sewers, arrange to catch
and accumulate the surface and storm waters flowing onto his land
from his neighbor's land and carry them to a City storm sewer
or to the gutter on the street in front of his property.
[Ord. 5796, passed 8-4-1959]
Any property owner who makes alterations and changes in the
surface of his property, either by removing a part or all of the vegetation
therefrom, building structures thereon, leveling or paving the same,
or in any other manner increasing the accumulation of surface, roof
and storm waters on his land, shall be required, for the public safety
and welfare, to provide proper drains, sewers, culverts and other
means whereby the surface, roof and storm waters falling or accumulating
upon such land shall be conducted to the nearest storm sewer or street
gutter, as is required to be done by the Commonwealth and City Plumbing
Codes. Any property owner who shall be guilty of failure to so provide
for any increase in fall, accumulation or disposal of such surface
waters, shall be guilty of a violation of this article.
[Ord. 5796, passed 8-4-1959]
Because of the rapid growth and development of the City and
the extensive changes which have been made in the topography of land
within the City and the nature of the structures thereon within the
past five years from 1959, it is hereby provided that this article
shall be effective for offenses committed by property owners in the
City on their properties within the last five years from August 4,
1959, unless such property owner has corrected the condition complained
of and ceased to maintain the same within 30 days after written notice
has been given to him. Notice shall be given in the manner provided
by law for the service of summons in civil suits, by an officer of
the City authorized to give such notice, that the property owner is
violating this article and is required to abate the nuisance, which
is hereby declared and does exist whenever the provisions of this
article or the Commonwealth or City Plumbing Codes are violated.
Any person who violates any provision of this article shall be punished as provided in Section 101.99 of the Administrative Code.
