For the purposes of this Article, the Storm Water Drainage System shall be defined as the system consisting of storm drainage facilities including, but not necessarily limited to, roadway curb and gutter, open channels, roadside ditches, swales and enclosed conveyance systems.

The Storm Water Drainage System needs to be maintained in such a manner as to limit any activity which will adversely affect the hydraulic function of any storm water drainage facilities, public or private. No person shall permit, place, or maintain an obstruction in the drainage system. Such obstruction shall include, but is not limited to, rock, gravel, vegetation or mulch, trees, shrubs, grass, weeds or other debris. No person shall change or alter any gutter, storm sewer, drain or drainage structure which has been constructed, or is being lawfully maintained or controlled by the City unless such change or alteration has been authorized by the City Planner and the Public Works Director.

The Administration of these regulations shall be the responsibility of the Public Works Director.

(a)   The Department of Public Works shall be responsible for all maintenance of the improved public owned drainage system located on City‑owned property. Maintenance of the public owned drainage system located on private property and/or in utility or drainage easements shall be limited to the public owned improvements such as concrete structures, pipelines or concrete channel liner and to the repair of any erosion caused within this improved portion only of the drainage system.

(b)   It shall be the responsibility of the owner, occupant, or agent in charge of private property, upon which the public storm drainage system exists, to maintain all vegetation including mowing the grass and weeds, trimming and/or removal of dead trees and shrubs and providing of such other general maintenance as is required. Such maintenance shall include keeping the drainage system free of any other waste material which might impede or hinder the system’s intended use, the free flow of water, or cause to create detrimental erosion of adjacent properties or public improvements. This maintenance shall include the area between the property lines of said premises and the centerline of any adjacent street or alley, including but not limited to sidewalks, streets, alleys, easements, right‑of‑way, and all other areas, public or private.

(c)   Storm water detention facilities that are private storm water management facilities constructed to the City’s standards shall be maintained by the property owner. Such maintenance shall include, but is not limited to, debris removal and cleaning, cutting of vegetation, repair of erosion, removal of silt, and maintenance of structural facilities not located in a public drainage easement.

(d)   It is the responsibility of the owner, occupant, or agent in charge of private property to adequately maintain all culverts, drainage ditches, gutters, and other storm water drainage facilities abutting the property. This maintenance should include, but are not limited to the following:

(1)   Obstructions which would force a motor vehicle to leave its lane or other normal path of travel in order to avoid contact with the obstruction.

(2)   Obstructions which would cause substantial damage upon contact with a motor vehicle.

(3)   Conditions which obscure land or other road markings.

(4)   Conditions which obscure curbs or, on facilities without curbs, would prevent a motorist from distinguishing between travel areas and road shoulders, ditches, or other non‑travel areas.

(5)   Condition which make travel areas slick or otherwise prevent a motor vehicle from maintaining traction with the travel area.

(6)   Cause mud, water, debris, or other obstructions to flow into the street due to a blockage of the free flow of water through the ditch, culvert, or waterway

(a)   If the Public Works Director determines that the owner, occupant, or agent in charge of any lot piece or parcel of land on which a drainage system facility exists or abuts, has failed to properly maintain such facility as previously set forth, then he shall notify the owner, occupant, or agent in charge of the violation in writing.

(b)   Any person, firm or corporation who shall fail to comply with any order made under this ordinance, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Public Works Director or other proper City authority or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively be guilty of a Class C violation as prescribed by the Public Offense Code of this City. The imposition of penalty as outlined in Section 14‑709 of this Code, for any violation shall not excuse the violation or permit to continue; and all such persons shall be required to correct or remedy such violations within a twenty‑four (24) hour period of time, each twenty‑four (24) hour period of time that prohibited condition are maintained shall constitute a separate offense.

In addition to, or as an alternative to, prosecution as provided for in Section 14‑705, the Public Works Director may seek to remedy violations of this Article in the following manner:

(a)   If the owner, occupant, or agent in charge fails, neglects, or refuses to comply with the requirements specified in the notice within ten (10) days, then the City shall proceed to cause the necessary repair, removal, and/or abatement. The Public Works Director shall notify the owner, occupant, or agent by restricted mail of the total cost of such repair, abatement, or removal incurred by the City. Such notice also shall state that the payment of such repair, removal, and/or abatement is due and payable within thirty (30) days following the receipt of such notice.

(b)   If the cost of such repair, removal, and/or abatement is not paid within the thirty (30) day period, the cost shall be collected in the manner provided by K.S.A. 12‑1,115, and amendments thereto, or shall be assessed and charged against the lot or parcel of ground on which the nuisance was located. If the cost is to be assessed, the City Clerk, at the time of certifying other City taxes to the County Clerk, shall certify the aforesaid costs, and the County Clerk shall extend the same on the tax roll of the County against the lot or parcel of ground, and it shall be collected by the County Treasurer and paid to the City as other City taxes are collected and paid.

(c)   The City may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12‑1,115, and amendments thereto, but only until the full cost and applicable interest has been paid in full.

Upon failure, neglect, or refusal of any owner to comply with written notice provided for in Section 14‑705, the Public Works Director, Public Works Director’s authorized assistants, employees, contracting agents or other representatives are hereby expressly authorized to enter upon private property at any hour for the purpose of the repair, removal, and/or abatement of nuisances described herein.

Nothing in this ordinance shall supersede the requirements set forth in any existing easements or covenants entered into by the City and a property owner regarding the maintenance of storm water drainage facilities.

Any Person or entity violating any provision of this ordinance is guilty of a public offense, and upon conviction thereof shall be fined in a sum of not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00).

The City’s failure to enforce or remedy any noncompliance of the terms and conditions of this ordinance shall not constitute a waiver of the City’s rights nor a waiver of any Person(s) obligation as herein provided. (Ord. 2200)