Chapter 8.15
MAINTENANCE OF NATURAL WATERWAYS AND DRAINAGE DITCHES
Sections:
8.15.010 Duty of owners to maintain natural waterways and drainage ditches.
8.15.020 Notice of failure to maintain drainage ditch or waterway.
8.15.050 Assessment for repairs by the City.
8.15.010 Duty of owners to maintain natural waterways and drainage ditches.
Maintenance of natural drainage courses is required so that drainage capacity is not significantly diminished during normal flow. “Maintenance of drainage courses” means that vegetation and/or sediment buildup and other obstructions shall be managed so that water can flow without causing excessive flooding or drainage problems on upstream property. Property owners are obligated under this chapter to maintain drainage courses on their property to prevent excessive damage caused by sediment and/or vegetation buildup or by obstructions.
All fill and excavation work performed in a drainage course shall conform to the City of Harrisburg ordinance concerning fill.
A natural flow of water through drainage ditches and waterways may be diverted, with proper engineering and after the City Council has given their consent. [Ord. 735 § 1, 1997; Ord. 472 § 1, 1979.]
8.15.020 Notice of failure to maintain drainage ditch or waterway.
If the owner of any lot or part thereof or parcel of land shall suffer any natural waterway or drainage ditch located upon his property to become obstructed to the point where the natural flow of water is diverted or obstructed, it shall be the duty of any person appointed by the Council for that purpose, when ordered to do so by the Council, to post notice on the adjacent property headed “Notice to Repair Drainage Ditch,” and said notice shall direct the owner, agent or occupant of said property immediately to repair the natural water course or drainage ditch in a good and substantial manner so that the natural flow of water shall not be prevented in said drainage ditch. The person posting said notice shall file with the City Recorder an affidavit of the posting of such notice, stating the date when and the place where the same was posted. The City Recorder shall, upon receiving an affidavit of the person posting said notice, send by mail, postage prepaid, a notice to repair said drainage ditch to the owner at the address shown on the Linn County property tax records, or other address known to the City as most likely to get a mailing to the owner. [Ord. 906 § 1, 2012; Ord. 472 § 2, 1979.]
8.15.030 Repairs by owner.
The owner, agent or occupant of the premises shall make such repairs as are necessary to remove the obstructions to the natural flow of water in the drainage ditch or waterway within 20 days from the date of posting of the notice. [Ord. 472 § 3, 1979.]
8.15.040 Repairs by the City.
If the owner, agent or occupant of any such lot or part thereof or parcel of land shall fail, neglect or refuse to make the repairs to the drainage ditch or waterway within the time designated, the City, or some person directed by the City Council to do so, shall make the same and an accurate account shall be kept of the costs of labor, equipment and materials used in making the repairs to the natural waterway and shall report regularly to the Council the cost of such repairs, and a description of the lot or parcel thereof. [Ord. 472 § 4, 1979.]
8.15.050 Assessment for repairs by the City.
The City Council shall, at least once each year, by ordinance, assess each of the lots or parts thereof or parcels of land which have been required to be repaired the cost of such repairs, including legal, administrative and engineering costs attributable thereto. In each case, all assessments may be combined in one assessment roll and the same shall be entered in the docket of City liens and collected in the manner provided by ordinance for the collection of assessments of local improvements. [Ord. 472 § 5, 1979.]