The Village of Elm Grove is reliant upon roadside
drainage ditches, driveway culverts and storm sewers at limited locations
for management of surface drainage. The purpose of this article is
to promote the maintenance of safe and healthful conditions; prevent
and control water pollution; prevent and control soil erosion; prevent
and control the adverse effects of stormwater; control building sites,
placement of structures and land uses; preserve ground cover and scenic
beauty; and promote sound economic growth.
Pursuant to § 88.87(3)(c), Wis. Stats.,
the Public Works Director may enter onto any property for the purpose
of removing an obstruction in a drain which is in violation of § 88.87(3)(a),
Wis. Stats., and which is flooding or causing damage to a Village
highway. The reasonable cost of removal of an obstruction under this
article shall be charged to the property owner without further notice
by a special charge pursuant to § 66.60(16), Wis. Stats.
In the event any special charge remains unpaid for longer than 30
days, a lien against the property shall be created in accordance with
the provisions of § 66.60(16)(b), Wis. Stats.
No person shall interfere with or impede any
Village officer, employee or contractor in removing an obstruction.
Where a drainage obstruction in a natural watercourse or drain is determined by the Public Works Director to constitute an immediate danger to the public health, safety or welfare, the Public Works Director shall proceed forthwith to enter upon the lands involved and have the obstruction removed, either by public agency or by contract. If such obstruction was caused by the negligence or deliberate act of the owner and not by natural causes, the reasonable cost of removal shall be charged and assessed as provided in §
325-18 of this article.