[Ord. No. 1485, 3-8-2012]
A.
STORMWATER
STORMWATER MANAGEMENT FACILITY
As used in this Article, the following terms shall have the meanings
indicated:
Rainfall runoff, snow melt runoff and surface runoff and
drainage.
Structure and constructed feature designed for the collection,
conveyance, storage, treatment and disposal of stormwater runoff into
and through the stormwater system. Stormwater management facilities
include vegetative or structural measures, or both, to control the
increased volume, rate and quality of stormwater runoff caused by
man-made changes to land.
[Ord. No. 1485 §1, 3-8-2012]
A.
Any private stormwater management facility located on any lot or
land shall be a public nuisance for failure to maintain the private
stormwater management facility if it has conditions impairing its
proper operation, including, but not limited to, excessive sediment,
extensive ponding of water, rubbish and trash, noxious weeds or invasive
plants or nuisance plants exceeding twelve (12) inches in height,
or any material which is unhealthy or impacts the proper operation
of the private stormwater management facility, and it is declared
to be a public nuisance.
B.
Native plants, turf grass, ornaments grasses, or shrubs, including
plants that are part of an approved, designed private stormwater facility
or MSD-approved guidance document do not constitute a public nuisance.
[Ord. No. 1485 §2, 3-8-2012]
A.
When a public nuisance as described above exists, the City shall
so declare and give written notice to the owner of the property by
personal service; certified mail; if otherwise unsuccessful, by publication.
Such notice shall, at a minimum:
1.
Declare that a public nuisance exists;
2.
Describe the condition which constitutes such nuisance;
3.
Order the correction, removal or abatement of such condition
within __ days from the date of service of such notice;
4.
Inform the owner that he or she may file a written request for
a hearing before the City on the question of whether a nuisance exists
upon such property; and
5.
State that if the owner fails to begin correcting the nuisance
within time allowed, or upon failure to pursue the correction of such
nuisance without unnecessary delay, the City will have the option
to cause the condition which constitutes the nuisance to be corrected,
removed or abated and that the cost of such correction, removal or
abatement may be included in a special tax bill or added to the annual
real estate tax bill for the property and collected in the same manner
and procedure for collecting real estate taxes.
[Ord. No. 1485 §3, 3-8-2012]
If the owner of such property fails to begin correcting the
nuisance within the time allowed, or upon failure to pursue the removal
of such nuisance without unnecessary delay, the City may cause the
condition which constitutes the nuisance to be corrected. If the City
causes such condition to be corrected, removed or abated, the cost
of such repair shall be certified to the City Clerk and/or bookkeeper
who shall cause the certified cost to be included in a special tax
bill or added to the annual real estate tax bill, at the collecting
official's option, for the property and the certified cost shall
be collected by the City Collector or other official collecting taxes
in the same manner and procedure for collecting real estate taxes.
If the certified cost is not paid, the tax bill shall be considered
delinquent, and the collection of the delinquent bill shall be governed
by the laws governing delinquent and back taxes. The tax bill from
the date of its issuance shall be deemed a personal debt against the
owner and shall also be a lien on the property until paid.
