Chapter 8.28 — OBSTRUCTION OF STREAMS, DRAINAGE CHANNELS AND WATERCOURSES

Any structure, fence, conduit, wall, tree, shrubbery, masonry, pipe, lumber, or other material which obstructs, or constitutes a hazard to, the free flow of water in a stream, creek, drainage channel, ditch or watercourse is declared to be a public nuisance. Any such public nuisance may be abated under the direction of the director of public works fifteen (15) days after he or she has caused a notice of the hazardous condition to be mailed to the concerned property owner or owners as required by state law.

(Ord. 556 § 2R, 2004: prior code § 4-9.01)

If the property owner fails to appeal to the council within the allotted time, or if the council finds that the condition of the property noted by the director of public works constitutes a public nuisance and that the property owner should be responsible for the cost of removing such nuisances, the full cost of abating the public nuisance shall be made a special assessment against the concerned parcel or parcels. The precise cost of such removal shall be announced and confirmed by the council at a duly noticed hearing of the council as soon as the final costs have been ascertained. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subjected to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to such special assessment.

(Prior code § 4-9.02)

Any and all drainage improvements on private property, which directly or indirectly impact a public drainage facility, shall be approved by the director of public works prior to installation. Failure to secure such approval shall render such improvements subject to the public nuisance abatement procedure set forth in this chapter.

(Ord. 556 § 2S, 2004: prior code § 4-9.03)