Chapter 13.15


I. Definitions

13.15.010    Impede drainage.

13.15.020    Public drainage channel.

13.15.030    Person in charge of private property.

II. Impeding Drainage

13.15.040    Prohibition.

13.15.050    Building permits.

III. Penalties

13.15.060    Fine.

13.15.070    Separate violations.

IV. Authorization to Remove Impediment

13.15.080    Nuisance abatement.

I. Definitions

13.15.010 Impede drainage.

“Impede drainage” means to slow or partially or completely block drainage of water from any public drainage channel onto public or private property by any one or more of the following means or methods:

(1) Placing any rocks, fill dirt, refuse or other material inside a public drainage channel, or permitting such material to be washed or eroded into such channels;

(2) Constructing, maintaining, or, in the case of a person in charge of property, permitting to exist or to be maintained any dam, mound, pile or other structure at or near the entrance or exit of a public drainage channel, or at any other location which may cause water, mud or debris to back up and impede drainage from a public drainage channel;

(3) Raising the level of public or private lands through the use of fill dirt or other material;

(4) Attaching any pipe or other device to a public drainage channel, or altering the angle of any public drainage channel;

(5) In the case of a person in charge of private property, knowingly permitting any of the acts or conditions set forth in subsections (1) through (4) of this section to occur, exist or continue on the private property of which the person is in charge. (Ord. 390 § 4, 1998; Ord. 272 § 1, 1985)

13.15.020 Public drainage channel.

“Public drainage channel” means any pipe (manmade or natural), drainage ditch, storm sewer, tunnel, graded street, graded slope, watercourse, or other channel which is partially or entirely on public property, a public easement or a public right-of-way, and which is designed, intended or used to facilitate water drainage. (Ord. 272 § 2, 1985)

13.15.030 Person in charge of private property.

“Person in charge of private property” means any owner, occupier, lessee, tenant, licensee, contract purchaser, or agent having possession or control of the property or the supervision of any construction project on the property. (Ord. 272 § 3, 1985)

II. Impeding Drainage

13.15.040 Prohibition.

No person shall impede drainage of water from any public drainage channel. (Ord. 272 § 4, 1985)

13.15.050 Building permits.

Nothing in this chapter shall be construed to prohibit building any structures, grading any surfaces, placing any fill dirt or other materials on any lands, or altering the course of any public drainage channel to the extent those activities have been authorized in advance by a duly issued building permit. (Ord. 272 § 5, 1985)

III. Penalties

13.15.060 Fine.

A person violating any of the provisions of this chapter shall, upon conviction thereof, be deemed guilty of a violation and fined an amount not to exceed $360.00, together with the actual cost of removing any drainage impediment, and repairing any damage caused by the violation. (Ord. 486 § 5, 2009; Ord. 272 § 6, 1985)

13.15.070 Separate violations.

Each day any provision of this chapter is violated or continues to be violated is a separate violation. (Ord. 272 § 7, 1985)

IV. Authorization to Remove Impediment

13.15.080 Nuisance abatement.

The impediments to drainage from public drainage channels described in VMC 13.15.010 are hereby declared to be nuisances affecting public health, and may be abated or summarily abated in accordance with the provisions of Chapter 8.05 VMC. (Ord. 272 § 8, 1985)