The city council hereby determines that it is in the interest of the citizens of the city to adopt all class C misdemeanors under state law.
(Ordinance 89-4 adopted 7/6/89)
(a)
A person commits an offense if he knowingly dials an emergency telephone number when no emergency exists.
(b)
A person is presumed to have dialed a 911 emergency telephone number if the telephone from which the number is dialed is listed in his name with the local telephone company.
(c)
Any person, firm or corporation violating any of the provisions or terms of this section shall be subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code for each offense, and each day such violation shall continue to exist shall constitute a separate offense.
(Ordinance 91-5-2 adopted 5/2/91; Ordinance adopting 2018 Code)
(a)
Permit required for construction activities affecting drainage.
(1)
It shall be unlawful for any person to perform any construction activities, including dirt work, which results in an increase to the quantity, velocity or concentration of stormwater flowing from one lot to another without first obtaining a permit from the city to make such changes.
(2)
It shall be unlawful for any person to perform any construction activities, including dirt work, which results in the blockage of water flowing from one lot to another without first obtaining a permit from the city to make such changes.
(3)
Exceptions to the permit requirements described in subsection (a)(1) of this section shall be:
(A)
Work performed pursuant to an approved set of subdivision construction plans;
(B)
Work performed pursuant to an approved single-family residential building permit;
(C)
Work where the increase of stormwater would flow directly from the lot to a public street designed to handle such flows;
(D)
Work where the increase of stormwater would flow into a drainage easement designed to accept the increase;
(E)
Work where the increase would flow into a stream, river or other drainage system intended to carry stormwater and capable of carrying any additional flows;
(F)
Routine maintenance of an easement not intended to reduce, change the route of or alter the intended flow of water through the easement.
(4)
The application for a permit described in this section shall include either a stormwater study as approved by the city engineer or a written agreement between the original property owner and all affected downstream property owners.
(b)
Maintenance of drainage easements.
(1)
The property owner and/or resident of any piece of property that has a drainage easement on the property shall be responsible for maintaining such easement. Maintenance of the easement shall include but be limited to:
(2)
Upon written request of the landowner and/or resident, the city may participate in the maintenance or repair of a drainage easement where flow from a city-owned drainage system has impacted said easement.
(c)
Penalty.
(1)
Except where otherwise specified, any person violating this section shall be deemed guilty of a class C misdemeanor and upon conviction be punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code.
(2)
Each day the property remains in violation this section shall be a separate violation and shall result in a separate fine.
(Ordinance 2008-04-02 adopted 4/1/08; Ordinance adopting 2018 Code)
(a) Landowner. Silt. Silt barrier.
Definitions.
Shall include but not be limited to the property owner of record, resident, developer, builder, construction company, employee of any of the above, or any responsible party as determined by the city.
Any dirt, rocks, soil, plant matter or other debris that may be carried from a property by wind, water or construction activities.
An approved barrier designed and installed so to stop the movement of silt from the property and designed to appear appropriate for the site.
(b)
Silt barrier required.
(1)
It shall be the responsibility of any developer, builder, construction company, contractor, property owner or resident to install and maintain silt barriers along all roadways where silting could occur, prior to beginning any dirt movement, construction or demolition on any property where said work shall be undertaken.
(2)
It shall be the responsibility of the property owner to install and maintain silt barriers along any roadway or public property where sufficient ground cover does not exist to prevent movement of silt from the property.
(c)
Control of silting.
(1)
It shall be unlawful for any property owner to allow silt to move from their property onto any roadway or public property.
(2)
If movement of silt occurs, the property owner shall remove the silt from the roadway or public property within 24 hours.
(3)
In the case of aggregate silt, it shall be the responsibility of the property adjacent to where the silt is deposited if any of the silt came from that property.
(4)
In the case where aggregate silting has occurred and no silting occurred from the property adjacent to where the silt was deposited, it shall be the responsibility of the first property upstream where silting has occurred.
(5)
The city may elect to remove or cause to be removed any silt deposited on the roadway or public property.
(6)
No certificate of occupancy shall be issued on any property for which silt removal fees are owed.
(d)
Penalty; removal of silting by city.
(1)
Any person violating this article shall be deemed guilty of a class C misdemeanor and upon conviction be punishable by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00), with a maximum fine of $1,000.00 per offense.
(2)
Each day or portion of a day silt remains on the roadway or public property in violation of this article shall be a separate violation and shall result in a separate fine.
(3)
In cases where the city removes or contracts to have removed any silting from any roadway or public property, the responsible property owner as determined in subsections (c)(1) through (3) of this section shall pay a fee of twice the cost of the removal or two hundred dollars ($200.00), whichever is greater. Said fee shall be applicable whether or not the actual removal was completed by the city or its designate. This administrative fee is separate from and independent of any criminal penalties.
(Ordinance 2002-11-01 adopted 11/7/02)