Chapter 15.40


15.40.010    Purpose – Liability for damages.

15.40.020    Administration by public works department.

15.40.140    Dedication of drainage facilities to the city – Contract.

15.40.170    Nuisances declared – Abatement.

15.40.010 Purpose – Liability for damages.

This chapter, together with the relevant portions of other ordinances relating to control of development in floodplains, the development and subdivision of land, the construction of public facilities and the building codes, is intended to assist the city and its residents in the correction of existing storm drainage and surface water runoff. The city does not assume responsibility for drainage problems due to factors other than those attributable directly to activities of the city. The city recognizes as well that it cannot solve existing or potential problems involving storm drainage and runoff because of the limited resources available to it. Therefore, this chapter is not to be construed as an attempt by the city to provide protection to the property and well-being of its inhabitants, but rather to make appropriate use of such resources as might become available for the purpose.

A. It is the specific intent of this chapter to place the obligation of complying with its requirements on the owner or occupant of premises within its scope, and no provision of this chapter is intended to impose any duty whatsoever upon the city or any of its officers, for whom the implementation or enforcement of this chapter is discretionary and not mandatory.

B. Nothing contained in this chapter is intended to be, nor shall be construed to create the basis for any liability on the part of the city or its officers for any injury or damage resulting from the failure of the owner or occupier of premises to comply with this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the city or its officers. [Ord. 9068 § 1, 1982; Ord. 8827 § 1, 1980].

15.40.020 Administration by public works department.

The authority and responsibility for administration of this chapter is vested in the department of public works or its successor agency. The other departments of the city, particularly its departments of planning and community development, parks and recreation, and building code administration, are directed to cooperate with, and assist, the director of public works in the carrying out of his responsibilities under this chapter. [Ord. 9352 § 5, 1984; Ord. 8827 § 2, 1980].

15.40.140 Dedication of drainage facilities to the city – Contract.

All drainage facilities to be dedicated to the city, and which the city agrees to accept, shall be constructed in accordance with a contract between the constructor of the improvements and the city, providing at least:

A. Terms and conditions satisfactory to the city, setting forth design and construction standards;

B. Requiring a permit to be issued before commencement of construction; and

C. If deemed necessary by the director of public works, requiring provision of bonds covering performance, payment, and/or guaranteeing the construction for up to two years after the city accepts the drainage facility. [Ord. 2006-05-047; Ord. 9068 § 13, 1982; Ord. 8827 § 14, 1980].

15.40.170 Nuisances declared – Abatement.

A. The following are declared to be nuisances:

1. Any drainage facility which is the responsibility of the owner or occupant of a premises, or any other person, which is not maintained in accordance with good and acceptable engineering practice and in accordance with any recorded maintenance agreements;

2. Drainage improvements of any kind which are constructed contrary to requirements of the department of public works, if plans for the construction have been submitted to that department for approval for any reason;

3. Any condition in any drainage facility which constitutes an unsanitary, dangerous, or other condition which in the judgment of the director of public works constitutes an immediate hazard or otherwise endangers the public’s health, safety, or welfare;

4. Failure to obtain any permit required or failure to comply with the terms of any such permit or approved plan.

B. Things declared to be nuisances by this section shall be subject to the criminal penalties and abatement procedures provided for nuisances by the city’s criminal code, provided notice of a nuisance under this section shall be provided as indicated in BMC 10.28.030(A), as currently enacted or hereinafter amended. [Ord. 2006-05-047; Ord. 10023 § 2, 1990; Ord. 9068 § 16, 1982; Ord. 8827 § 17, 1980].