[Adopted 5-13-1991]
The Village of Elm Grove is reliant upon roadside drainage ditches, driveway culverts and storm sewers at limited locations for management of surface drainage. The purpose of this article is to promote the maintenance of safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion; prevent and control the adverse effects of stormwater; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth.
A. 
"Drain" means any device for the drainage of water from land or protection of land from water, including without limitation any open ditch, channel, swale, creek, tiles or pipeline, whether natural or man-made.
B. 
No person shall deliberately or by negligence obstruct or fill a drain without first obtaining a permit from the Public Works Director.[1] Such permit may be withheld for a period not to exceed 90 days for the purpose of providing alternative drainage, by storm sewers or other means.
[1]
Editor's Note: Throughout this article, references to the "Village Engineer" were amended to read "Public Works Director" at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The Public Works Director may remove from drains any obstructions or fill installed without a permit.
D. 
No person shall construct, reconstruct, alter, repair or install any drainage structure in any drain without obtaining a permit from the Public Works Director. Issuance of such permit shall be predicated upon a finding by the Public Works Director that such drainage structure does not substantially retard the flow of water and does not adversely affect the public health, safety or welfare.
A. 
Any person seeking a permit to alter or install a drainage structure or to fill or obstruct a drain or to construct, reconstruct, alter, repair or install any drainage structure in any drain shall fill out a written application with the Public Works Director containing the following information:
(1) 
The name and address of the applicant and, if a corporation, the names and addresses of the officers thereof.
(2) 
The location of the proposed work.
(3) 
The plans and specifications for such work in triplicate. This shall include the drainage area and the design of the structures or alteration and such other information as the Public Works Director shall determine to be necessary to process the application.
B. 
The permit fee shall be $25.
A. 
Whenever a drain is obstructed by the negligence or deliberate action of the owner without a permit or when a drainage structure is constructed, reconstructed, altered, repaired or installed without a permit in either a natural watercourse or a drain, the Public Works Director shall serve a written order by certified mail on the owner demanding removal within a reasonable time, as specified within the letter.
[Amended 4-10-2000]
(1) 
Any person aggrieved by the administration of this article may appeal the decision to the Board of Appeals established by the Village pursuant to § 62.23(7)(e), Wis. Stats. The Board shall hear and decide appeals where it is alleged that there is an error in any order, decision or determination made by the Public Works Director or Zoning Administrator in administering this article.
(2) 
The owner may appeal to the Board of Appeals within 10 calendar days of actual service of the order. If an appeal is not taken by filing in writing with the Village Clerk within such 10 days, the order shall be final. Hearings before the Board of Appeals shall be conducted pursuant to § 62.23(7)(e), Wis. Stats.
B. 
If the owner neglects or refuses to comply with a removal order after his or her appeal period has expired, the Public Works Director shall promptly refer the matter to the Village Attorney's office for prosecution.
C. 
Any person who shall violate any provision of this article or any rule or regulation made under this article shall be subject to a penalty as provided in § 1-16 of this Code, except that the forfeiture shall not be less than $100.
[Amended 4-10-2000; 7-26-2005]
Pursuant to § 88.87(3)(c), Wis. Stats., the Public Works Director may enter onto any property for the purpose of removing an obstruction in a drain which is in violation of § 88.87(3)(a), Wis. Stats., and which is flooding or causing damage to a Village highway. The reasonable cost of removal of an obstruction under this article shall be charged to the property owner without further notice by a special charge pursuant to § 66.60(16), Wis. Stats. In the event any special charge remains unpaid for longer than 30 days, a lien against the property shall be created in accordance with the provisions of § 66.60(16)(b), Wis. Stats.
No person shall interfere with or impede any Village officer, employee or contractor in removing an obstruction.
Where a drainage obstruction in a natural watercourse or drain is determined by the Public Works Director to constitute an immediate danger to the public health, safety or welfare, the Public Works Director shall proceed forthwith to enter upon the lands involved and have the obstruction removed, either by public agency or by contract. If such obstruction was caused by the negligence or deliberate act of the owner and not by natural causes, the reasonable cost of removal shall be charged and assessed as provided in § 325-18 of this article.