In order to protect the safety, health and welfare of the public, culvert entrances and adjacent drainage areas will be reviewed annually for damage or restriction in flow and identified for replacement as seen fit by the governing body or its representative. The City shall prescribe the size and materials for culvert construction and the grade at which private entrance culverts are set.
(Ord. 514)
(a) A private entrance culvert shall mean any structure for the purpose of ingress or egress for pedestrians, animals or vehicles of any description from a public street, alley or public property to private property.
(b) It shall be the responsibility of the property owners to provide and maintain culverts and the adjacent drainage area to or from a public street, alley or public property. Property owners are responsible for routine grounds maintenance such as grass mowing and trash/debris removal. Owners should ensure that the systems and structures are kept free of yard waste (grass clippings, tree trimmings, and leaves) or other obstructions that may block the flow of water,
(1) driveways and their associated culverts or bridges
(2) fences, which are allowed in easements as long as they do not block the flow of storm drainage
(3) trees, shrubs and other growth within easements.
(c) It shall be the responsibility of the City to determine rather or not the angle of the ditch needs excavation to ensure proper drainage or if the property owner just needs to maintain the ditch. The City shall be responsible for excavating the drainage ditch to ensure proper drainage. If it is determined that the culvert needs to be replaced, the property owner will be responsible for the cost of the culvert.
(d) Once the City completes the work, the property owner will be sent a letter stating that it is the property owner’s responsibility to maintain the ditch to ensure the proper angle is maintained. Prior to construction or reconstruction it is the responsibility of the property owners to obtain approval from the governing body or their designate for culvert material and placement. Such approval will be provided to the property owner in writing from the governing body or their designate.
(e) No culvert shall be constructed by anyone other than the City of Carbondale without obtaining from the city governing body, or their designate, the size, material or construction and grade of the culvert, including but not limited to the following items:
(1) Plastic specifically intended and approved by the manufacturer for use as a culvert, galvanized metal pipe and concrete drainage pipe are all acceptable culvert materials.
(2) The culvert end must extend a minimum of two feet past the edge of the entrance surface.
(3) The size of the culvert shall be a minimum of 12 inches or no smaller than the next upstream culvert.
(4) The culvert and adjacent drainage area must be sufficient to correct standing water, washing and other hazards caused by restricted water flow.
(f) All culverts will be reviewed on a regular basis by the City maintenance department for damage or restriction and identified for replacement. Identified drainage culverts may at the option of the City, be replaced by the City with the landowner paying the costs for the culvert material.
(g) Requirements for reconstruction shall be the same as for construction. Reconstruction shall be defined as the removal or repair of an existing culvert in a manner that meets with the same requirement as to materials, size and grade of new construction.
(h) Nothing in this section shall be construed as to prevent the governing body from proceeding under any options available under State law.
(Ord. 514)
No sump pump water shall be discharged onto any public road, sidewalk or trail; into or onto a neighboring property without an easement; or within 10 feet of the property line. Sump pump water may be discharged into any roadway ditch or drainage easement.
No roof drain and downspout water shall be discharged onto any public road, sidewalk or trail; into or onto a neighboring property without an easement; or directly into a roadway ditch or drainage easement without first dispersing over a lawn or other vegetated area.
Private drainage and erosion issues, as well as ground water issues, are the responsibility of the property owner. Drainage directed from gutters, downspouts or other private systems to neighboring properties is a civil matter between the property owners. Driveways, and their associated culverts or bridges, that cross public drainage system (e.g., that cross over ditches or streams) are also property owner responsibilities.
(a) The governing body shall designate a representative or representatives to be charged with the administration and enforcement of this article.
(b) The representative shall make inquiry and inspection of premises as the governing body deems necessary or when the representative observes conditions, which appear to constitute a violation of this article. It shall be unlawful to deny the representative access and entry onto private property for the purpose of making inquiry and inspection. Such interference is a violation of this article punishable by a fine of up to one hundred dollars ($100), and imprisonment in the county jail for up to 30 days.
(c) The representative or agent shall notify in writing the owner, occupant or agent in charge of any premises in the city in violation of this article. The notice shall be served on the owner, occupant or agent by certified mail, return receipt requested, or by personal service, or if the same is unoccupied and the owner is a nonresident, then by mailing a notice by certified mail, return receipt requested, to the last known address of the owner. The notice shall include:
(1) That the owner, occupant or agent in charge of the property is in violation of this article and include the necessary corrective action.
(2) That the owner, occupant, or agent in charge of the property is ordered to make the specified corrections within 30 days of the receipt of the notice. That the representative should be contacted if there are any questions.
(3) That the owner, occupant, or agent in charge of the property may request, in writing, a hearing before the representative and the governing body within ten days after receipt of the notice.
(4) That if the owner, occupant, or agent in charge of the property does not take the specified corrective action, the City or its authorized agent will make the necessary corrections and assess the cost, including an administrative fee of $50 against the owner, occupant or agent in charge of the property.
(5) That the owner, occupant, or agent in charge of the property will be given 30 days to pay the assessment, and, if it is not paid, it will be added to the property tax as a special assessment.
(d) If there is a change in the record owner of title property subsequent to the giving of this notice, the City may not recover any costs or levy an assessment for the costs unless the new record owner of title is provided notice as required by this section.
(e) If a hearing is timely requested, such hearing shall be held as soon as possible after the filing of the request. The person shall be advised by regular mail, addressed to the person and address shown on the request for hearing, of the time and place of the hearing at least five days prior to such hearing. At any such hearing, the person may be represented by counsel. The parties may present such witnesses and evidence as deemed necessary by the governing body to ensure a fair hearing. The hearing need not be conducted according to the formal rules of evidence. At the conclusion of the hearing, the governing body shall record its determination by means of adopting a resolution and serving such resolution by regular mail, addressed to the person and address shown on the request for hearing.
(Ord. 514)
(a) Upon the expiration of 30 days after receipt of the notice in Section 8-803, if the owner, occupant, or agent in charge of the property fails to take corrective action, the City or representative shall cause the condition to be abated.
(b) The City or representative shall give notice to the owner, occupant or agent in charge of the property by certified mail of the costs of abatement of the condition. If the occupant or owner is unknown or a nonresident, and there is no resident agent, the City shall publish notice in the official city newspaper. The published notice shall state that payment of the costs is due and payable within 30 days following receipt of the notice or publication.
(c) If the costs of abatement remain unpaid after 30 days following receipt of notice, a record of the costs of abatement shall be certified to the city clerk who shall cause such costs to be assessed against the particular lot or piece of land on which the condition was abated. The city clerk shall certify the assessment to the county clerk at the time other special assessments are certified for spreading on the tax rolls of the county under K.S.A. 12-1617f.
(d) The cost of such work shall be paid from the general fund of the City, and such fund shall be reimbursed when payments are received or when such assessments are collected and received by the city.
(Ord. 514)
(a) The representative, city employee or contracting agent is expressly authorized to enter upon private property at all reasonable hours for the purpose of making the specified corrective action.
(b) The owner, occupant or agent in charge of the property will be notified two weeks in advance of the start of scheduled work.
(c) All landscaping items or plants inside the right of way are the responsibility of the owner, occupant or agent in charge of the property to remove and reinstall during operations. All trees, shrubs, and other growth inside the right of way will be trimmed or removed as the City or its representative see fit to obtain drainage.
(d) The City will seed the areas disturbed by these operations and it is then the responsibility of the owner, occupant, or agent in charge of the property to take over care of the drainage area.
(e) It shall be unlawful for any person to interfere with or to attempt to prevent the representative, city employee or contracting agent from entering upon the property to take the necessary corrective action. Such interference is a violation of this article punishable by a fine of up to one hundred dollars ($100), and imprisonment in the county jail for up to 30 days.
(Ord. 514)