All express drainage easements dedicated, purchased or otherwise granted to the city in writing, shall be governed by this section. No person shall construct, maintain, or allow any natural or non-natural structures or vegetative barriers (including but not limited to trees, shrubbery, berms, fences, and walls) upon drainage easements which, the city engineer, or his designee, finds impedes, detains, retains, or otherwise interferes with the drainage of stormwater regardless of the source.

(Ord. 771; Code 2016)

The city engineer, or his or her designee, may enter upon the drainage easement at any time and without notice, to inspect the drainage easement. If the city engineer, or his or her designee, finds that any natural or non-natural structure or vegetative barrier impedes, detains, retains, or otherwise interferes with the drainage of stormwater, the city engineer shall issue a notice to the property owner to abate such condition within thirty (30) days or such longer time period as appropriate. Within ten (10) days of the mailing of the notice to abate, the property owner may request, in writing, a hearing before the city commission. If the property owner requests a hearing, the city commission shall determine the appropriateness of the order to abate, make such findings as are appropriate, and order such necessary action as is appropriate. If the abatement is not completed within the time frame allowed by the notice to abate or the direction of the city commission, the city engineer shall cause the abatement to proceed. Pursuant to K.S.A. 12-6a17, the city engineer shall order collection of the cost of such abatement upon the property owner. Nothing in this ordinance shall create liability upon the city or its employees regarding the creation, dedication, inspection and maintenance of drainage easements. The provisions of this ordinance shall govern drainage easements in effect at the time of adoption of the ordinance and all subsequently created drainage easements.

(Ord. 771; Code 2016)