|
ATTY/ORD.0014/CC ORD ENGINEERING AND TRANSPORTATION CODE UPDATES – EXHIBIT B
<br />REV: 11-18-25 LR
<br />Page 2 of 4
<br />Sec. 27A.13. RIGHT OF ENTRY:
<br />The City, its agents, officers and employees, shall have the right to enter upon any
<br />watercourse including any creek, ditch, natural stormwater drainage channel, storm
<br />drainage easement, or public utility easement adjacent to, abutting or adjoining any creek,
<br />ditch, or natural stormwater drainage channelsuch watercourse in the City at any time for
<br />cleaning and enlarging activities of any such creek, ditch, or natural stormwater drainage
<br />channelwatercourse or public utility easement adjacent to, abutting or adjoining any
<br />creek, ditch, or natural stormwater drainage channelsuch watercourse. The rights of the
<br />City, its agents, officers, and employees do not preclude or supersede the responsibilities
<br />of every person owning property through which a watercourse passes as described in
<br />Section 27A.15. Watercourse Protection nor does it obligate the City to clean and enlarge
<br />such waterways. Nothing in this Section shall obligate the City, its agents, officers and
<br />employees to take any action.
<br />
<br />Sec. 27A.14. NUISANCE:
<br />Any construction within, or alteration of, any watercourse including any creek, ditch,
<br />natural stormwater drainage channel, storm drainage easement or public utility easement
<br />adjacent to, abutting or adjoining any creek, ditch, or natural stormwater drainage
<br />channelsuch watercourse in violation of any provisions of this Article, shall be and is
<br />hereby declared to be a public nuisance and subject to abatement or removal or
<br />enjoinment in the manner provided by law.
<br />
<br />Sec. 27A.16. PROHIBITION; PERMIT:
<br />No person shall permit or cause to be committed any of the following acts in any
<br />watercourse including any creek, ditch, natural or concrete-lined stormwater drainage
<br />channel, storm drainage easement, or public utility easement adjacent to, abutting and
<br />adjoining any creek, ditch or natural stormwater drainage channel insuch watercourse
<br />within the City, unless a written permit has first been obtained from the City Engineer or
<br />his/hertheir designee based on the objective findings below. The following is prohibited:
<br />A. Discharginge into, or connecting any pipe or channel to, a watercourse;
<br />B. Modifying, diverting, blocking, or obstructing the natural flow of water inor bed of a
<br />watercourse from that in existence at the time of permit application;
<br />C. Removing riparian vegetation, except for normal maintenance of vegetation and
<br />protective restoration or maintenance to prevent flooding;
<br />D. Carry outUndertaking development, including the construction or removal of
<br />structures, buildings of any type, swimming pools, the addition of new impervious
<br />surface, or the filling, grading, or disturbing of land, within thirty feet (30′) of the
<br />center line of any creekwatercourse or within twenty feet (20′) of the top of a bank
<br />of a watercourse (whichever is further from the centerline of the watercourse)
|