Chapter 2 — OBSTRUCTION OF HIGHWAY DRAINAGE

10-3100 - DEFINITION: DRAINAGE FACILITY.

"Drainage facility" means any structure or feature, either natural or artificial, which causes or allows water to flow intermittently or continuously from one place to another and which lies partly or wholly along, within, or across any county highway or affects any county highway.

(Ord. 545)

10-3101 - HIGHWAY DRAINAGE.

No person shall do any of the following acts:

(1)

Drain irrigation water, or permit irrigation water to be drained, from his lands onto any county highway by any means.

(2)

Obstruct any natural watercourse so as to:

a.

Prevent, impede, or restrict the natural flow of waters from any county highway into and through the watercourse, unless other adequate and proper drainage is provided.

b.

Cause waters to be impounded within any county highway.

c.

Cause interference with, or damage or hazard to, public travel.

(3)

Store or distribute water for any purpose so as to permit it to overflow onto, to saturate by seepage, or to obstruct any county highway.

(Ord. 648)

10-3102 - ACTS REQUIRING PERMIT.

No person without a permit shall do or permit the following:

(1)

Maintain, or if already existing, continue to maintain any obstruction of any drainage facility lying partly or wholly within, across, under, or above any county highway.

(2)

Permit to be deposited in any drainage facility in any county highway any material or substance, including dirt, soil, weeds, trash, rocks, or any other substance which would tend to impede the drainage of water.

(3)

Alter, construct, obstruct, constrict, or enlarge any drainage facility so as to adversely affect any county highway by increasing or decreasing the amount, extent, nature, or direction of flow of water along any drainage facility.

(4)

Decrease or increase, enlarge or constrict, heighten or deepen, or in any other fashion change the drainage facilities on private property or public property adjacent to any drainage facility along or across any county highway so as to prevent the natural or ordinary drainage of waters along the highway or so as to place an extraordinary burden on the capacity of any drainage facilities along any county highway.

(Ord. 545)

10-3103 - PERMIT FOR DRIVEWAYS.

It is unlawful to build or thereafter maintain any private or public driveway of ingress to or egress from land adjacent to a county highway without first having secured a permit from the Director. In no case shall a permit for construction permit the drainage facility along any county highway to be obstructed so as to impede the proper flow of drainage waters.

(Ord. 545)

10-3104 - APPLICATION FOR PERMIT.

Drainage encroachment permits are required for the erection or construction of any drainage facility or for alterations or moving of any existing drainage facilities. They shall be applied for and secured from the Office of the Director or at other offices that may be designated by the Director for these purposes where employees or representatives of the Director may be authorized to issue these permits.

(Ord. 545)

10-3105 - DIRECTOR: POWERS AND DUTIES.

The Director shall have the following powers and duties in administering and enforcing this chapter:

(1)

The issuance of permits.

(2)

Enforcement of related state laws as well as this chapter.

(3)

Keeping of accurate records.

(4)

The preparation and adoption of the forms, rules, and regulations that may be reasonably necessary for the proper enforcement of this chapter, including requirements for the submission by applicants for permits of plans and specifications, informal or formal, that may be deemed necessary for the proper location and construction of the various types of drainage facilities.

(5)

The inspection of construction and operation of drainage facilities. For this purpose the Director or his authorized representative shall have the power of a police officer, including the right of entry on private property, the right to stop construction operations, and the right to clear out or open up the stoppage of any drainage facility if the stoppage is deemed contrary to this chapter and does or may endanger public health, safety, and the general welfare.

(6)

Other powers and duties, related to the foregoing, that may be reasonably necessary for the proper administration and enforcement of the provisions of this chapter.

(Ord. 545)

10-3106 - NOTICE TO REMOVE ENCROACHMENT.

If any encroachment exists in, under, or over any county highway, road, or land, the Director may require the removal of the encroachment in the manner provided hereinafter.

Notice shall be given to the owner, occupant, or person in possession of the encroachment or to any other person causing or suffering the encroachment to exist by serving on him a notice containing a demand for the immediate removal of the encroachment from within the highway. The notice shall describe the character and location of the encroachment with reasonable certainty. In lieu of service on the person, service of the notice may also be made by registered mail or by posting, for a period of five (5) days, a copy of the notice on the encroachment described in the notice in a manner that will not interfere with the use of the highway. In case the owner, occupant or person in possession is not present in the County, notice may be given to his agent in lieu of service by mailing or posting.

(Ord. 545)

10-3107 - REMOVAL OF ENCROACHMENT BY DIRECTOR.

The Director may immediately remove from any county highway any encroachment which:

(1)

Is not removed or the removal of which is not commenced and thereafter diligently prosecuted within five (5) days after the service of the notice.

(2)

Obstructs or prevents the use of the highway by the public.

(3)

Consists of refuse.

(4)

Is an advertising sign of any description unless the advertisement is a notice posted as required by law.

(Ord. 545)

10-3108 - RECOVERY OF COSTS.

The Director may remove any encroachment on the failure of the owner to comply with the notice of demand of the Director under the foregoing section shall have an action to recover the expenses of the removal, costs, and expenses of suit and, in addition, the sum of ten dollars ($10.00) for each day the encroachment remains after the expiration of five (5) days from the service of the demand.

(Ord. 545)

10-3109 - ABATEMENT ACTION: RECOVERY OF PENALTY.

If the owner, occupant, or person in possession of the encroachment or person causing or suffering the encroachment to exist, or the agent of any of them, disputes or denies the existence of the encroachment or refuses to remove or permit the removal of the encroachment, the Director, in the name of the County, may commence, in any court of competent jurisdiction, an action to abate the encroachment as a public nuisance. If judgment is recovered by the Director, he may, in addition to having the encroachment adjudged a nuisance and abated, recover ten dollars ($10.00) for each day the encroachment remains after the service of the notice in the manner provided in the foregoing sections and may also recover its costs and expenses incurred in the action. This remedy is cumulative and does not exclude punishment for the violation of this chapter as otherwise provided in this chapter.

(Ord. 545)

10-3110 - DISPOSITION OF RECOVERED MONEY.

All money recovered under the provisions of this chapter shall be paid into the Road Fund which is available to the Director for highway purposes.

(Ord. 545)

10-3111 - PROCEDURES NOT EXCLUSIVE.

Procedure provided in this chapter is not exclusive and shall not prohibit the Director or other county officers and departments from exercising any other remedy provided by law to prevent damage to or protect any county highway or to collect the damages therefor.

(Ord. 545)

10-3112 - VIOLATION: PENALTIES.

Any person violating any provision of this chapter shall be punished by a fine of not more than three hundred dollars ($300) or by imprisonment for not more than three (3) months or by both. In case of violations appropriate proceedings may be taken for the abatement, removal, and restraint of any actions taken in violation of these provisions.

(Ord. 545)

10-3113 - LIABILITY OF COUNTY.

This chapter shall not be construed to impose on the County any liability or responsibility for damage resulting from drainage obstruction, nor shall the County or any county official or employee be held to assume any such liability or responsibility by reason of any inspection authorized under this chapter, by reason of any failure to make the inspection, or by the granting or denial of any permit.

Every permit issued under this chapter shall provide that the County and its officers and employees shall be held harmless on account of any damage of injury to the public or otherwise resulting from any encroachment or obstruction.

As a condition of granting any permit under this chapter the County may require the applicant to provide and maintain insurance evidencing coverage for bodily injury or property damage or both and file a certificate of insurance to that effect. Said coverage will be primary to any coverage which may otherwise be provided by County.

(Ord. 545; 3384)