Much of the land located within the City of Warrenton is subject
to flooding and depends directly on the dikes for flood protection.
It is of paramount public interest that the dikes be properly maintained
at all times and that there be free and open access over the dikes
by City employees, authorized contractors and the corps of engineers
for accomplishing maintenance and repairs and to meet any emergency
that may ever arise.
(Ord. 691-A § 1, 1980)
A.
Subject to the paramount public interest in the proper dike maintenance, it is in the interest of the City and the furtherance of its comprehensive plan that limited rights of crossing and construction of improvements be permitted on the dikes by those holding a qualified property interest. The City of Warrenton, therefore, hereby permits those qualified to use the dike immediately adjoining their property upon and subject to the following license conditions in subsection B of this section.
B.
All
licensees:
1.
Must
have an interest in the adjoining real property abutting the dike
at the point they wish to cross the dike. Their interest must be either
(a) fee simple estate, (b) land sale contract vendee, or (c) lessee
under a leasehold for years;
2.
Must
pose no threat of actual or potential damage to the dikes or other
property owners by their use;
3.
Prior
to any construction of any improvement on the dike or in the river,
must furnish five sets of detailed plans of the proposed use and improvement;
4.
Must
comply with all City, State and Federal land use requirements and
other laws and regulations.
(Ord. 691-A §§ 2,
3, 1980)
All structures or improvements must be previously approved by
and meet all standards of the U. S. Army Corps of Engineers, Flood
and Levy Control Section, or other corps of engineers regulations,
including navigation, if appropriate.
(Ord. 691-A § 4, 1980)
The dikes shall not be used as a roadway. Access must be perpendicular
across the dike between the property and river in the most direct
fashion. The access crossing shall not be parallel with the line of
the dike unless the surface of the dike is graveled or paved to the
standards of the U. S. Army Corps of Engineers.
(Ord. 691-A § 5, 1980)
The license is personal to the adjoining property owner and does not constitute a property interest and may not be transferred or assigned to anyone who does not have the property interest as set forth in Section 15.12.010.
(Ord. 691-A § 6, 1980)
The license may be terminated forthwith upon breach by the applicant
of one of these conditions. In addition, the City Commission may revoke
the license at any time it is found to be in the best interests of
the City, its inhabitants, or adjoining landowners.
(Ord. 691-A § 7, 1980)
In case suit or action is instituted to enforce any of the provisions
of the license, the prevailing party shall be entitled to such sum
as the court may adjudge reasonable as attorneys' fees to be allowed
in said suit or action and if an appeal is taken from any judgment
or decree of the trial court, the prevailing party shall be entitled
to such sum as the appellate court shall adjudge reasonable as attorneys'
fees on such appeal.
(Ord. 691-A § 8, 1980)
There will be no structure or improvement placed on the dike,
or use of the dike except as specially authorized and permitted herein
in accordance with approvals obtained under this chapter. All structures
or improvements shall be constructed in conformity with the approved
plan and no deviation is permitted unless otherwise authorized. In
the event the improvement construction is 50% or more destroyed through
any cause, a new application for replacement of the improvement must
be made.
(Ord. 691-A § 9, 1980)
Upon satisfactory showing of necessity, the City Commission
may grant an easement for years for construction of improvements on
the dike at a price and on terms as may be deemed appropriate under
the circumstances, as determined by the City Commission. One criterion
which may be considered in determining necessity is whether a financial
institution which would finance the improvement requires such an interest
as a condition of granting financing. The City Commission may consider
all other relevant factors.
(Ord. 691-A § 10, 1980)
Any person violating any of the provisions of this chapter may,
upon conviction thereof, be punished by a fine not exceeding $100.00
or imprisonment in jail for a period of not exceeding five days, or
both by fine and imprisonment.
(Ord. 691-A § 12, 1980)
