Chapter 13.20
OBSTRUCTIONS TO DRAINAGE OF CITY

Sections:

13.20.010    Investigation authority – Procedure following report requiring removal.

13.20.020    Removal – Determination of method – Notice required.

13.20.030    Failure to remedy obstruction – City to perform work when – Notice required.

13.20.040    Remedial construction by city – Authorized when.

13.20.050    Remedial construction by city – Costs – Collection procedures authorized.

13.20.010 Investigation authority – Procedure following report requiring removal.

The city council, acting under its police power, and by and through the city manager, shall from time to time inspect all embankments, grades, dikes or obstructions of whatever kind constructed or maintained within the city; for the purpose of ascertaining whether such embankments, grades, dikes or other obstructions constitute a hindrance or obstruction to the proper drainage of the city in normal or flood times; and if such embankments, grades, dikes or other obstructions shall by the city manager be deemed a hindrance or obstruction to the proper drainage of the city, the city manager shall so report in writing to the city council; which may, after a hearing thereon to be held after five days’ written notice to the person, firm or corporation maintaining or constructing the same, cause such hindrance or obstruction to be removed in the manner hereinafter provided. Service of the notice may be made as provided in Section 13.20.030 of this chapter. (Ord. 2000-9 § 69, 2000: prior code § 7.16.010).

13.20.020 Removal – Determination of method – Notice required.

After determining that any such embankment, grade, dike, or other obstruction is a hindrance or obstruction to the proper and natural drainage of the city, the city council, acting under its police power shall, by and through the city manager, and with the aid and advice of the city engineer, determine the necessary ways and means of removing such hindrance or obstruction and providing proper and natural drainage; and shall forthwith in writing notify and order the person, firm or corporation constructing or maintaining such embankment, grade, dike or other obstruction, to provide such culverts, pipes, trestles or other form of drainage thereunder or therethrough, as the city manager and the city engineer shall determine to be necessary to the proper, natural and adequate drainage of the city. (Ord. 2000-9 § 70, 2000: prior code § 7.16.020).

13.20.030 Failure to remedy obstruction – City to perform work when – Notice required.

Such written notice and order shall require the person, firm or corporation constructing or maintaining such hindrance or obstruction to the drainage of the city to provide the necessary culverts, pipes, trestles or other form of drainage as determined necessary by the city manager and the city engineer, within five days of the service of the notice and order, or within such further time as may be fixed in the notice and order, and shall inform the person, firm or corporation that upon failure so to do such culverts, pipes, trestles or other form of drainage will be installed by the proper authorities of the city, and that the cost and expense thereof and all costs and expenses incidental thereto may be levied and charged against the person, firm or corporation and collected by the city. Such notices shall be sufficiently given and served by posting the same in a conspicuous place on the premises where the embankment, grade, dike or other obstruction exists, and delivering a copy, either personally or by mail, to the person, firm or corporation maintaining such hindrance or obstruction to the drainage of the city. (Ord. 2000-9 § 71, 2000: prior code § 7.16.030).

13.20.040 Remedial construction by city – Authorized when.

If such person, firm or corporation maintaining such hindrance or obstruction to the drainage of the city fails to comply with the notice and order provided for in Section 13.20.030 of this chapter, the city manager shall proceed to install the necessary culverts, pipes or trestles through or under said embankment, grade, dike or other obstruction in such manner and place as may seem proper to the city manager and the city engineer. (Ord. 2000-9 § 72, 2000: prior code § 7.16.040).

13.20.050 Remedial construction by city – Costs – Collection procedures authorized.

A. If the city undertakes the work to remove a drainage hindrance or obstruction and to install necessary improvements, then, upon completion of the same, the city manager may certify the cost thereof to the treasurer. The city treasurer shall forthwith notify the person, firm or corporation constructing or maintaining such obstruction or hindrance at the person’s, firm’s or corporation’s last known address that the cost of the work has been so certified to the treasurer, and that the same must be paid within such period of time specified by the city treasurer. Upon failure of the person, firm or corporation to pay the same within such period, the city may collect the same, with interest thereon from the date of the certification thereof to the treasurer until paid at such interest rate established by the city treasurer, by appropriate action against the person, firm or corporation instituted in the superior court of the state of Washington, for Walla Walla County.

B. The city treasurer is authorized to take any action deemed necessary to collect costs certified by the city manager. The city treasurer is authorized to collect costs from any and all available sources of cost recovery, including, without limitation, public, private, and grant funding sources. The city treasurer is authorized to enter into payment plans and other payment agreements and arrangements with persons, firms, and corporations responsible for payment of such costs. The city treasurer is authorized to compromise costs.

C. Levy of Special Assessment for Costs. In addition to any other method of collection authorized by law, all costs incurred by the city to remove a drainage hindrance or obstruction and to install necessary improvements shall be levied as a special assessment on the property thereby benefited which may be enforced in the manner provided by law. (Ord. 2013-22 § 1, 2013: Ord. 2000-9 § 73, 2000: prior code § 7.16.050).