§ 14-33. Drainage on private property

(a) It shall be unlawful for any person to put any debris in streams or drainage ditches that might impede the flow of water or cause any obstruction to any of the town's drainage system.

(b) It shall be the duty of all property owners within the town to provide on their property adequate drainage facilities so that their premises and adjoining lands shall be free from standing water and permit the natural flow of water. Such drainage may be provided either through natural or artificial drains found to be adequate by the town. The owner shall keep all drains free from obstructions which would impede the flow of water.

(c) When it shall appear to the director of public works of the town that drainage facilities on any private property are for any reason, inadequate, he shall notify the owner of the property by registered or certified mail what corrective measures are required to render the drainage adequate. The notice to the owner shall specify a reasonable time within which the corrective measures should be taken. Notice to the owner whose address is unknown shall be given to the person, firm or corporation in whose name the property is listed for taxation at the address shown on the tax list or to the agent of the owner whose name appears upon the tax list.

(d) If such corrective measures are not taken as required in the notice to the owner, the director of public works or his designee upon approval by the town council may enter upon such premises and take the corrective measures required and the town council may assess the cost against the owner of the property and such assessment shall become a lien on the property superior to all other liens and may be collected in the same manner that taxes are collected.

(e) Any violation of any portion of this section shall constitute a public nuisance and shall be abated as such nuisance.

(f) This section shall apply only to drainage problems which adversely affect town streets and sidewalks and other town property.

(Code 1973, § 23-23.2)

refstatelaw

Drainage, G.S. § 136-95; obstructions to drainage system prohibited, G.S. § 136-92.