§ 3-1-23. Drainage regulation; responsibilities; penalty.

(a)

It shall be unlawful for any person, firm, or corporation to obstruct, in any manner, the drainage along any public street, road, alley, drainage easement or private property line within the city.

(b)

The city assumes responsibility for the maintenance of open ditches that drain water along or from any public street, road, alley or drainage easement within the city; however, the maintenance of any ditch or drainage swale along the side or rear lot lines of private property which drains water from the property to the public streets shall be the responsibility of the individual property owners. All new development, residential or commercial, will be required to provide adequate drainage along their property lines.

(c)

The city shall furnish and install any pipe or tile necessary for property drainage, under or across any public street, road, or alley within the city, except within a new subdivision and all commercial construction, then and in that case, the furnishing and installation of the pipe or tile shall be the responsibility of the developer or property owner.

(d)

Residential property owners who desire to have tile or pipe installed in ditches along any street, road, alley, front property lines, in any ditch that drains public streets and drainage easement area shall acquire a permit from the city prior to the installation; the fee for the permit shall be fixed from time to time by the city council. The fee for a drainage permit will be $10.

(e)

The expense of the actual cost of pipe or tile referenced in subsection (d) of this section, other materials, catch basins and tax shall be borne by the property owner.

All costs shall be payable in advance. The city will provide the labor and equipment for installation at no cost to property owners. Existing residential homes only, five (5) years or older will receive a 50 percent reduction in cost of drainage pipe, catch basins, and other materials necessary for projects, except for the drainage permit. Costs will change from time to time to reflect the actual cost to the city. The 50 percent reduction may be removed at any time by the city council. If pipe larger than 48 inches is required, this shall be privately contracted by the property owner, at the owner's expense, and after a permit has been obtained.

(f)

In the event the property owner desires to install tile or pipe in ditches along side property lines or rear property lines outside of a draining easement area, the expense of all materials and labor shall be the owner's responsibility.

(g)

Violation for obstructing drainage or for failure to obtain a permit shall be punishable as provided in section 1-3-48 of this code. Each day of violation shall constitute a separate offense.

(Code 1978, Sec. 3-1042, as amended by Ord. No. 87-11-23(C), 11/23/87; Ord. No. 2007-01-22(F), 1/22/07)

Cross Reference : Building permit issuance conditional on drainage adequacy, Sec. 5-1-3.