[HISTORY: Adopted by the Common Council of the City of Franklin 8-5-1997
by Ord. No. 97-1461 as Sec. 12.15 of the 1997 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 169.
A.
Survey Map.
(1)
A natural watercourse is a stream shown and defined as
such on the following United States Department of Interior Geological Survey
Map, 7.5 minute series (topographic): Hales Corners quadrangle, Wisconsin.
(2)
The United States Geological Survey Map is dated and
is on file in the office of the City Engineer.
B.
No person shall deliberately or by negligence obstruct
or fill a natural watercourse. Such natural watercourse can be altered if
a permit is first obtained from the City Engineer. Such permit may be issued
upon his or her detection that the flow of water will not be substantially
retarded, and there will be no adverse effect upon the public health, safety
or welfare.
C.
The City Engineer may remove any obstructions from natural
watercourses as hereinafter provided.
A.
A drainageway means any ditch, channel, swale, creek
or pipeline, whether natural or manmade, other than a natural watercourse,
more particularly shown on City topography maps on two-foot interval 100 scale
on file in the office of the City Engineer.
B.
No person shall deliberately or by negligence obstruct
or fill a drainageway without first obtaining a permit from the City Engineer.
Such permit may be withheld for a period not to exceed 90 days for the purpose
of providing alternative drainage, by storm sewers or other means.
C.
The City Engineer may remove from drainageways any obstructions
or fill installed without a permit.
No person shall construct, reconstruct, alter, repair or install any
drainage structure in any natural watercourse or drainageway without obtaining
a permit from the City Engineer. Issuance of such permit for a natural watercourse
shall be predicated upon a finding by the City Engineer that such drainage
structure does not substantially retard the flow of water and does not adversely
affect the public health, safety or welfare. For drainageways, issuance of
such permit shall be predicated upon providing alternative drainage by storm
sewer or other means.
A.
Any person seeking a permit to alter a natural watercourse
or install a drainage structure therein; or to fill or obstruct a drainageway;
or to construct, reconstruct, alter, repair or install any drainage structure
in any natural watercourse or drainageway shall fill out a written application
with the City Engineer, setting forth and submitting the following:
(1)
The name and address of the applicant and, if a corporation,
the names and addresses of the officers thereof.
(2)
The location of the proposed work.
(3)
The plans and specifications for such work, in triplicate.
This shall include the tributary drainage area and the design of the structures
or alteration, and such other information as the City Engineer shall determine
to be necessary to process the application.
A.
When a natural watercourse becomes obstructed or filled
so that the natural flow of water is retarded by the negligence or deliberate
action of the owner; or when a drainageway is obstructed by the negligence
or deliberate action of the owner without a permit; or when a drainage structure
is constructed, reconstructed, altered, repaired or installed without a permit
in either a natural watercourse or a drainageway, the City Engineer shall
serve a written order by certified mail on the owner demanding removal within
a reasonable time as specified therein. The owner may appeal such order, pursuant
to Ch. 68, Wis. Stats., and any administrative appeal taken under this subsection
shall be heard by the Board of Zoning and Building Appeals. Without timely
appeal, the order of the City Engineer shall be final. [1]
B.
If the owner neglects or refuses to comply with a removal
order after his or her appeal period has expired, the City Engineer shall,
either by the Department of Public Works or by private contract let in accordance
with the bid requirements of the Wisconsin Statutes, cause the removal to
be made.
C.
When a natural watercourse or drainageway becomes obstructed
from natural causes, the City Engineer shall serve the owner with a written
notice that he or she will enter such lands for the purpose of removal at
the expiration of a reasonable time therein specified. He or she shall then
enter upon the lands and cause the removal to be made by public agency or
private contract let in accordance with law.
City officers, employees and contractors retained by the City for that
purpose may enter any lands for the purpose of carrying out a removal order.
The City Engineer may institute action in injunction or take other appropriate
legal action to carry out a removal order.
No person shall interfere with or impede any City officer, employee
or contractor in carrying out a removal order.
[Amended 3-5-2002 by Ord. No. 2002-1708]
The reasonable cost of carrying out a removal order under § 111-5A and B shall be charged to the owner by the Council after a public hearing. Notice of such hearing shall be given by certified mail to the owner located on the City tax roll at least seven days prior to the date thereof. The cost so charged shall become a special assessment on the owner's land which was involved in such removal. Such assessment shall be levied and collected as a special tax, subject to the appeal provisions of § 66.0703, Wis. Stats.
Where drainage obstruction exists in a natural watercourse or drainageway which is determined by the City Engineer to constitute an immediate danger to the public health, safety or welfare, the City Engineer 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 § 111-8.
