Article 38.24
Surface Water Utility.


38.24.500    Surface Water Management Utility Section.

38.24.505    Surface Water Management Utility Created.

38.24.510    Powers and Duties.

38.24.515    Ownership of City Surface Water Facilities and Assets.

38.24.520    Catch Basin Maintenance.

38.24.500 Surface Water Management Utility Section.

LOC 38.24.500 to 38.24.599 shall be known as the Surface Water Management Utility Section of the Utility Code.

(Ord. 2057, 06/29/1992)

38.24.505 Surface Water Management Utility Created.

The City Council finds and declares that absent effective maintenance, operation, regulation and control, existing surface water drainage conditions in all drainage basins within the City constitute a potential hazard to the health, safety and property of the citizens of the city. The City Council further finds that natural and man-made surface water facilities and conveyances together constitute a surface water drainage system. A Surface Water Management Utility is therefore created.

(Ord. 2057, 06/29/1992)

38.24.510 Powers and Duties.

1.    The Surface Water Management Utility shall plan, design, construct, maintain, administer and operate all City surface water conveyances and facilities, and the regulations for its control, as well as establish standards for design and construction.

2.    The City Manager shall be the administrator of the Program.

(Ord. 2057, 06/29/1992)

38.24.515 Ownership of City Surface Water Facilities and Assets.

The following assets are hereby vested in the Surface Water Management Utility:

All properties, interests, and physical or intangible rights owned or held by the City insofar as they concern surface water or surface water management. These rights include all properties or interests in property acquired by adverse possession or prescription, directly or through another, in the drainage or storage of surface waters via lands, watercourses, sloughs, streams, wetlands, ponds and lakes (with the specific exclusion of Oswego Lake), all beginning at a point where surface waters first enter the system of the City and ending in each instance at a point where the surface waters exit from the system of the City, and in width to the full extent of inundation caused by storm or flood conditions.

(Ord. 2057, 06/29/1992)

38.24.520 Catch Basin Maintenance.

1.    The City shall adopt and from time to time may amend a Surface Water Management Master Plan. The Plan shall establish an appropriate level of maintenance for surface water facilities, including catch basins and pollution control manholes. The City shall monitor the effectiveness of this level of maintenance, and may adjust the frequency of cleaning or maintenance as necessary.

2.    All privately owned catch basins and pollution control manholes that drain to the public surface water management system shall be maintained and cleaned. The property owner or customer shall be responsible for such maintenance as necessary to ensure operability.

(Ord. 2695, Amended, 02/16/2016; Ord. 2057, 06/29/1992)