§ 16.40.030.9.2. Violations; penalties; maintenance; restoration.

A.

Any person who:

1.

Commences or conducts an activity described in this section without prior approval of a drainage plan;

2.

Deviates from an approved drainage plan; or

3.

Fails to maintain drainage facilities under that person's ownership or control shall be guilty of a violation of this section.

B.

Any activity undertaken in violation of this section shall be halted immediately after written notice by the City. The violator shall be required to restore any altered land to its undisturbed condition or restore it to such condition in which it would not shed stormwater in violation of the control requirements for stormwater runoff. In the event that restoration is not undertaken within 30 days, the City may perform restoration on the property. The cost of the restoration shall become a lien upon the property where such restoration occurred.

C.

In those instances where a pond, or other water body, is entirely surrounded by private property so that the general public does not have access to use and enjoy the water body, maintenance of such ponds, or other water bodies, shall be accomplished by the City only with respect to drainage as a part of the overall drainage system of the City. If a violation exists as the result of a lack of maintenance of such pond or other water body, where it is entirely surrounded by private property owners, the City may perform necessary maintenance and charge the cost of such maintenance to said abutting property owners.

D.

For the purposes of this section it shall be conclusively presumed that a violation exists when one or more of the following conditions exist:

1.

Drainage facilities are not maintained properly so that as a result water has flooded or is reasonably likely to flood land not owned by the owner of the land on which the drainage facilities are located, or water has flooded or is reasonably likely to flood a building whether or not located on land owned by the owner of the drainage facilities.

2.

Activity has been undertaken and as a result water has flooded or is reasonably likely to flood land not owned by the owner of the land on which the activity has taken place or a building or part thereof, whether or not located on land owned by the owner of the land on which the activity has taken place.

3.

A pond or other water body entirely surrounded by private property has not been properly maintained and as a result water has flooded or is reasonably likely to flood land other than that owned by the owners of land directly abutting such pond or water body or a building or part thereof, whether or not located on land owned by the owner of land directly abutting such pond or body of water.

(Code 1992, § 16.40.030.9.2)