(1) Declare that a ditch, waterway or watercourse located within the City and upon privately owned land, in order to preserve the health and welfare of the community shall be cleared of material of any kind;

(2) The City will provide notice, consultation, and communication with the property owner prior to material clearance with the intent to reach a mutually beneficial resolution of material clearance. After giving notice to the property owner, and solely at City’s option, the City may choose to (a) perform the material clearance on its own; (b) contract with a third party for material clearance; or (c) jointly agree with the property owner for the property owner to perform part or all of the material clearance pursuant to terms arranged between City and property owner. Said notice may be waived by City in emergency situations. At City’s sole election, if the City chooses to perform the work or contract with a third party, the City may pay for such contract work, labor and expenses from the general City funds; or the City may assess the described costs to the property owner (property owners may be either or both the deed holder and contract purchaser).

(3) Enter upon, and have those persons contracting with the City for the above purpose enter upon, privately owned land for the purpose of clearing ditches, waterways and watercourses in order to clear the same of material of any kind.

(4) “Material” is rock, gravel, sand, silt, sediment, other organic and inorganic substances, and woody debris. Woody debris is not “material” for purposes of this chapter when it is naturally downed wood that captures gravel, provides stream stability or provides fish habitat, or any wood placed into waters of this City as part of a habitat improvement or conservation project. (Ord. 173, passed 6-9-2020; Ord. 25 § 1, passed 1978; Code 2014 § 30.01)