- Drainage problems associated with new development or new street construction
- Erosion associated with new developments
- All other drainage issues should be directed to the Public Works Department
The Engineering Inspector will hold the developer responsible for drainage issues during the construction of subdivisions and for two years after the subdivision has been accepted into City’s maintenance. The City is responsible for the infrastructure and major drainage features after the two-year warranty period, but not drainage on individual lots unless a major drainage feature is no longer functioning properly.
House Construction Before the Issuance of a Certificate of Occupancy
The City Inspector will hold the home builder responsible for the individual lot drainage during the construction of the house and before the issuance of a Certificate of Occupancy (C.O.).
Once the C.O. is issued and the homeowner occupies the home, anything done to alter his/her property in a way that adversely affects the homeowner or neighboring homeowners is the responsibilty of the homeowner. The homeowner is responsible for his/her own actions and it becomes a civil issue between the affected homeowners. The homeowner is responsible for maintaining his/her property in a way that meets the City’s property maintenance code.
Other Drainage Issues
City personnel reference current City Codes when examining these cases. The sections referenced are listed below:
Section 30-3. It shall be unlawful for any person to obstruct any ditch, storm drainage pipe, or waterway within any public right-of-way, public drainage easement, or natural stream so as to impede the flow of water in such ditch, storm drainage pipe, or waterway.
Section 22-94(8). No person shall create or maintain any condition that obstructs or renders dangerous the use or passage of any park, stream, watercourse, sidewalk, parkway, square, alley, street, highway, or easement.
When examining these codes, it is determined that obstructions in easements are not allowed under the City Code and are even categorized as nuisances. Therefore, if the City needs to perform work in any of these areas, the City cannot and will not replace fences, landscaping, etc. that have been placed in easements and are creating obstructions as defined in Chapter 17 Section 14-151 of the Municode.
Examples of obstruction include but are not limited to: (reference Chapter 17 Section 14-151 of the Municode for a more complete list)
- The installation of fences
- Grading of lots that alters the drainage to better fit a fence onto the property
- Any landscaping that alters the drainage in a way that causes adverse conditions
- The filling of ditches or swales or destruction of berms installed for drainage purposes
Some issues are more complex and determination will be made on a case by case basis.