Chapter 12.12
FLOODING ROADS
Sections:
12.12.020 Required water drainage.
12.12.030 Notice of required installation.
12.12.040 Action by city upon failure to install culvert.
12.12.060 Procedure not exclusive.
12.12.010 Flooding roads.
It shall be unlawful for any person, firm, or corporation to flow water, or to drain water upon, or over, any city street or to permit irrigation water to flow or drain upon or over any such street. (Ord. 91-05 § 3, 1991)
12.12.020 Required water drainage.
It is unlawful for any person to fill by any means any 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 12 inches running the length thereof. (Ord. 91-05 § 3, 1991)
12.12.030 Notice of required installation.
In the event such a culvert is not so installed, the director 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 any 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. 91-05 § 3, 1991)
12.12.040 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 director 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. 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 $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 HMC 12.12.030, together with costs and expenses incurred in such action. (Ord. 91-05 § 3, 1991)
12.12.050 General fund.
All money recovered under the provisions of this chapter shall be paid into the general fund. (Ord. 91-05 § 3, 1991)
12.12.060 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. 91-05 § 3, 1991)