§ 26-210. Conforming and nonconforming encroachments or structures.

Encroachments and connections which are designed and built in such a way as to allow the affected drainage way to continue to adequately convey stormwater, whether constructed with permits issued pursuant to this division, or pre-existing, shall be considered as conforming structures for the purposes of this division. Conforming structures may be maintained by the property owner as long as the capacity of the drainage way is not further altered. Conforming structures that are to be replaced or substantially altered by the property owner must meet the permit requirements of this ordinance.

Non-conforming structures may not be replaced or substantially altered by the property owner without meeting the permit requirements of this division.

Privately constructed encroachments or structures on city right-of-way or easements, whether permitted or not, may be removed, repaired, or replaced by the city at any time if such encroaching structure has failed, or is in imminent danger of failing, to the extent that city streets or other facilities or property may be damaged or become unsafe for public use. Such encroachments or structures will not be replaced or repaired at city expense, but may be replaced or repaired by the property owner in compliance with the requirements of this ordinance.

(Ord. of 7-6-04, § 1)