Chapter 13.24FILLING OR OBSTRUCTION OF SURFACE DRAINS

Sections:

13.24.010
Nuisance.
13.24.020
Permit required.
13.24.030
Culvert installation or obstruction removal.
13.24.040
City reopening.
13.24.050
Violation – Penalty.
13.24.010Nuisance.

The city drainage system consists of underground drains, commonly called storm sewers, and surface drains which are commonly called open ditch drains. These are essential for the preservation of life, health and property. The filling in or obstruction of surface drains by any person, and the continuance of such fill or obstruction, without first obtaining a permit from the city is declared to be a nuisance.

(Ord. 556 § 1, 1960)

13.24.020Permit required.

No surface drain shall be filled in by any person, either in whole or in part, unless such person first obtains a permit therefor, and unless there is installed in the fill or obstruction a culvert pipe, the size, strength, construction and grade of which must be adequate to carry the flow of surface waters in the drain and protect the public against cave-in, collapse and rapid deterioration. Upon the making of application to the city clerk for a permit, these factors must first be investigated by the city engineer, or street and water superintendent, or such other qualified person as the city council designates. The investigator shall report his findings to the council, which shall consider them in determining whether or not a permit shall issue. If a permit is issued, the culvert specifications shall be set out therein.

(Ord. 556 § 2, 1960)

13.24.030Culvert installation or obstruction removal.

If any surface drain in the city has already been obstructed or filled in, either in whole or in part, by any person, whether the fill is made for driveway, sidewalk, entrance, or otherwise, the abutting property owner shall forthwith apply to the city clerk for a permit to install a culvert pipe therein, and shall install therein a culvert pipe meeting such reasonable specifications as the council shall require in the permit, or in lieu thereof shall reopen the drain and remove the fill or obstruction. The application shall be investigated and a report of findings made, as set out in Section 13.24.020. The installation of the culvert pipe, if a permit issues, or the removal of the fill or obstruction in lieu thereof if the permit either issues or is denied, shall be done in not less than ten nor more than thirty days after issuance or denial of the permit, as the case may be.

(Ord. 556 § 3, 1960)

13.24.040City reopening.

If the abutting property owner fails to make such application or in lieu thereof to reopen the drain and remove the fill or obstruction as provided in Section 13.24.030 within thirty days after passage of the ordinance codified in this chapter, the city shall reopen the drain and remove the fill and the abutting property owner shall be required to reimburse the city for the expense incurred.

(Ord. 556 § 4, 1960)

13.24.050Violation – Penalty.

Any person violating any of the provisions of this chapter may, upon conviction thereof, be fined not to exceed two hundred and fifty dollars or imprisoned in the city jail not to exceed thirty days, or both.