The following statements shall become part of the restrictive covenants of every platted subdivision:
(A) “It shall be the responsibility of the owner of any lot or parcel of land within the area of this plat to comply at all times with the provisions of the drainage plan as approved for this plat by the Common Council through its agents, the city engineer and the requirements of all drainage permits for this plat by the city engineer.” Each lot owner shall be responsible for maintenance, including replacement or repair, of any drainage facility situated on the land owner's lot. The maintenance of any drainage facility located on a common area not owned by any 1 lot owner shall be the joint and several responsibility of all lot owners located within the subdivision;
(B) “The property shall be graded pursuant to the final construction plan and may not thereafter be changed without written approval of the city engineer, whose decision may be appealed to the Common Council;”
(C) “No trees or shrubs shall be planted, nor any structure erected in any drainage easement, unless otherwise approved by the city engineer.” (When requested in writing, the above covenant may be waived or modified by the Common Council for good cause);
(D) “Drainage swales (ditches) along dedicated roadways and within the right-of-way, or on dedicated drainage easements, are not to be altered, dug out, filled in, tiled or otherwise changed without the written permission of the Brazil Common Council. Property owners must maintain these swales as sodded grassways, or other non-eroding surfaces. Water from roofs or parking areas must be contained on the property long enough so that the drainage swales or ditches will not be damaged by water. Driveways may be constructed over these swales or ditches only when appropriate sized culverts are installed;” and
(E) “Any property owner altering, changing or damaging these swales or ditches will be held responsible for that action and will be given 10 days notice by registered mail to repair the damage, after which time, if no action is taken, the Common Council retains the right to cause the repairs to be accomplished, and the bill for repairs will be sent to the affected property owner for immediate payment.”
(Ord. 01-2000, passed 7-18-2000)
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