Chapter 12.04
CULVERTS IN DITCHES
Sections:
12.04.010 Required for water drainage.
12.04.020 Notice of required installation.
12.04.030 Action by city upon failure to install culvert.
12.04.040 Street improvement fund.
12.04.050 Procedure not exclusive.
12.04.010 Required for water drainage.
It is unlawful for any person to fill by any means the drainage ditch abutting his or her property so as to prevent the normal flow of drainage water therein without first installing a culvert in the drainage ditch with a diameter of at least twelve inches running the length thereof. (Ord. 18 § 1, 1949: prior code § 8700)
12.04.020 Notice of required installation.
In the event such a culvert is not so installed, the superintendent of streets may give notice of the violation of this chapter to the owner, occupant or person in possession, or to any other person causing or failing to comply with this chapter, by serving upon such person a notice containing a demand for the immediate construction of such a culvert within such drainage ditch. In lieu of service upon such person, serving of such notice may also be made by registered mail and by posting for a period of five days, a copy of the notice of the violation of this chapter. In case of an owner, occupant or person in possession who is not present in the county, the notice may be given to his agents in lieu of service by mailing and posting. (Ord. 18 § 2, 1949: prior code § 8701)
12.04.030 Action by city upon failure to install culvert.
A. If any person who is thus notified, fails, refuses or neglects to install such culvert, the superintendent of streets may make such installation and may also perform such other work as is necessary to permit the drainage of water through such drainage ditch.
B. Pursuant to sections 21.01.060 and 21.01.080, the City may recover in an action at law in any court of competent jurisdiction the amount expended for such installation and other work, and in addition thereto the sum of ten dollars ($10.00) for each day such drainage ditch does not have a culvert installed therein after the service of the notice in the manner required in section 12.04.020, together with costs and expenses incurred in such action. (Ord. 2006-07, Amended, 06/06/2006; Ord. 18 § 3(a, b), 1949: prior code § 8702(a, b))
12.04.040 Street improvement fund.
All money recovered under the provisions of this chapter shall be paid into the street improvement fund. (Ord. 18 § 4, 1949: prior code § 8703)
12.04.050 Procedure not exclusive.
The procedure provided in this chapter is not exclusive and shall not prevent the city from exercising any remedy provided by law to prevent damage to or protect any street or property. (Ord. 18 § 5, 1949: prior code § 8704)
12.04.060 Violation.
Violation of any of the provisions of this Chapter is unlawful and an offense. Such violations are punishable as provided by Chapter 21.01 of Title 21. (Ord. 2006-07, Amended, 06/06/2006; Ord. 92-04 § 29: Ord. 20 § 1, 1949: Ord. 18 § 3(c), 1949: prior code § 8702(c))