It shall be the duty of every person having ownership, possession
or control of any real property within the city upon which a natural
drainageway is located to maintain said drainageway as reasonably
necessary to prevent the diversion or impoundment of water outside
the confines of the drainageway.
(Ordinance 645-04 adopted 7/13/04)
It shall be unlawful for any person having ownership, possession
or control of property within the city to permit grass, weeds or any
plant that is noncultivated to grow to a height greater than ten inches
(10") on average or to grow in rank profusion within any drainageway
upon such property.
(Ordinance 645-04 adopted 7/13/04)
It shall be unlawful for any person having ownership, possession
or control of any property within the city to permit any rubbish,
brush or other objectionable, unsightly or unsanitary matter of whatever
nature to accumulate or be present within any drainageway on such
property.
(Ordinance 645-04 adopted 7/13/04)
It shall be the duty of any person having ownership, possession
or control of any property within the city to cut or cause to be cut
and to remove or cause to be removed all such grass, weeds, plants,
rubbish, brush and any other objectionable, unsightly or unsanitary
matter of whatever nature as often as necessary to comply with the
provisions of this article.
(Ordinance 645-04 adopted 7/13/04)
The duty or responsibility of any person to maintain a drainageway
as provided in this article shall apply whether or not the drainageway
is located within a public easement for drainage purposes. The duty
or responsibility of any such person shall be limited to routine maintenance
typical of maintenance normally performed on private premises within
the city, such as maintenance performed by hand or by use of a mower
or WeedEater. As a further clarification, nothing herein shall be
construed to require the property owner to utilize specialized or
heavy equipment or to perform major maintenance other than cutting
and clearing of grass, weeds, plants, trash, debris and other objectionable
or unsightly matter.
(Ordinance 645-04 adopted 7/13/04)
The duty and responsibility of a person to clear, cut and maintain
natural drainageways under this article shall apply to natural drainageways
only, and nothing herein shall be construed to require such maintenance
responsibilities and duties within improved portions of any drainageway.
(Ordinance 645-04 adopted 7/13/04)
If the owner of any property within the city shall fail to comply with the requirements of this ordinance, the designated representative may provide for the sending of notice and the filing of liens on the property following the procedures and requirements set forth in article 6.03, division 2, section 6.03.031 et seq., of this chapter. This action shall be in addition to any other enforcement action available to the city, including the issuance of citations.
(Ordinance 645-04 adopted 7/13/04)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined as provided in section 1.01.009 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 645-04 adopted 7/13/04)
