Chapter 8.28
DRAINAGE CHANNEL MAINTENANCE
Sections:
8.28.010 Drainage channel obstruction--Nuisance.
8.28.020 Drainage channel obstruction--Unlawful.
8.28.030 Notice--Proceedings.
8.28.040 Assessment of costs.
8.28.010 Drainage channel obstruction--Nuisance.
The causation or allowance by any owner or occupant of real property within the city of the growth of vegetation or the presence of a blockage or accumulation of debris within any natural or manmade drainage channel within the city, to the point that the natural flow of water within that drainage is impeded, diverted or otherwise altered from its most efficient course is hereby declared to be a nuisance and dangerous to the public health, welfare and safety of the city and its occupants. (Ord. 1557 §1(part), 1985).
8.28.020 Drainage channel obstruction--Unlawful.
It is unlawful for any person, persons, firm or corporation, or any agent for such person, persons, firm or corporation, or any employee thereof, to cause or allow the growth of vegetation or the presence of a blockage or accumulation of debris within any natural or manmade drainage channel within the city to the point that the natural flow of water within that drainage is substantially impeded, diverted or altered from its most efficient course. Violation of this section may be abated as hereinafter provided, and in addition thereto, shall be punishable as an ordinance violation under the general penalty ordinance of the city as set forth in Chapter 1.16 of this code. (Ord. 1590 §1, 1987; Ord. 1557 §1(part), 1985).
8.28.030 Notice--Proceedings.
A. Whenever a complaint is made that a condition prohibited by Section 8.28.010 exists, or if the city administrator believes that such a condition exists, the city administrator may cause an investigation to be made into the nature and extent of the obstruction and the fault, if any, for the creation thereof. Such investigation may include utilization of engineers or such other experts as may be necessary, and in connection therewith, the city administrator shall keep a record of the cost thereof. If, following such investigation, the city administrator determines, in his discretion, that a condition prohibited by Section 8.28.010 exists, and has been caused or allowed by the owner or occupant of the property upon which the condition exists, he shall give notice to the owner(s) and occupant(s) of the property by causing the notice to be sent by mail to such persons at their last known address, as the same shall appear on the records of the Jackson County Assessor. The notice shall:
1. Be directed to all persons shown on the assessor’s records or otherwise known to the city to be owners and occupants, whether corporate or otherwise;
2. Refer to the premises involved with convenient certainty, the street address, if any, being sufficient;
3. Include the name, if any, of the subject drainage;
4. Notify the addressees to remove the unlawful growth, blockage and/or debris from the drainage within a period of fifteen days from the date of mailing. The notice shall further inform the owners and occupants that, if the condition is not corrected within said period of time, the city may cause the unlawful blockage of growth and/or debris to be removed from the premises, and will assess the costs thereof against the subject property and make the same a lien against said property. Said notice shall further inform said owners and occupants that the condition is a violation of city ordinance and is subject to the general penalty ordinance of the city.
B. Any owner or occupant may, at any time before he becomes in violation, or, if notice has been served on him under subsection A, within ten days after service, appeal to the city council for relief by filing a petition with the city administrator seeking hearing before the council. The petition shall include the facts upon which the petitioner relies to relieve himself from the obligations of this chapter in relation to the property. If the council finds that it would work a real and unnecessary hardship upon the petitioner to comply with the terms of this chapter, it may relieve the petitioner of the obligations of the chapter in relation to the particular property, but nothing therein shall be construed as obligating the city to remove or abate the nuisance or hazard to public safety without charging the cost as a lien against the property.
C. If the condition is not corrected within the time limit and no relief has been granted, such agent of the city as may be designated by the city administrator may abate the condition by removing the vegetation, blockage and/or debris from the drainage to such an extent as necessary to remove the potential hazard and ensure the most efficient natural flow of water, with such extent to be determined by the city administrator or his designated advisor. The city administrator shall maintain an accurate record of the expenses incurred by the city in removing the unlawful vegetation, blockage and/or debris, and shall include therein an overhead charge for the cost of administration. The total cost, including investigative cost, removal cost and overhead cost, shall thereinafter be assessed as a lien against the property as provided for in Section 8.08.030.
D. The abatement proceedings described herein shall not be exclusive, but are in addition to remedies available by prosecution in municipal court for any ordinance violation, by suit in equity for injunctive relief, actions for damages, or such other relief as may be available. (Ord. 1590 §2, 1987; Ord. 1557 §1(part), 1985).
8.28.040 Assessment of costs.
After the city has abated an unlawful growth of vegetation or accumulation of debris or deposit by removal thereof and arrived at the total cost as prescribed in this chapter, the city administrator shall mail a notice of assessment to the owner and occupant of the property from which the city has abated the nuisance or hazard to public safety. The notice shall be addressed to the owners and occupants at the address shown in the office of the county assessor for said property and, if different, to the street address, if any, of the property. The notice shall contain:
A. A statement of the total cost, as defined in Section 8.28.030(C);
B. A statement that the cost constitutes a lien against the property, payable within thirty days;
C. A statement that if the owner or occupant objects to the costs, as stated, he may file a written notice of objection with the city administrator within ten days from the date of mailing the notice. Upon expiration of ten days after the date of mailing the notice, objections to the proposed assessment shall be heard and determined by the city council at its next regular meeting. An assessment for the total cost of cutting or removal shall be determined by the city council and made by resolution and shall thereupon be entered in the docket of city liens, and then shall constitute a lien against the property from which the unlawful blockage, growth and/or debris was removed. The liens shall bear interest at the rate of ten percent per year from the date of entry in the lien docket and shall be enforced in the same manner as in the case of liens for local improvements. An error in the name of the owner or occupant shall not void the lien nor will a failure to receive notice of the assessment render it void, but it shall nevertheless remain a valid lien against the property. (Ord. 1557 §1(part), 1985).