Chaucer-CS 951227To: Jim Witt, City Manager
From: Kenneth M. Griffin, P.E., ACM/City Engineer
RE: Erosion / Chaucer Estates
Date: December 27, 1995
This letter is written as a follow-up to our meeting and our proposed meeting with Chaucer
Estates representatives concerning the maintenance of the lake. You had specifically asked me
if we had failed to enforce our Erosion Control Ordinance # 91514 and therefore, because of
the lack of enforcement the sediment had reached the lake and deposited at that point.
My initial response was yes we should have been enforcing the Ordinance and if we had then
the lake would not have experienced the amount of siltation it has. However, in anticipation of
the meeting, I have reread Erosion Control Ordinance #91514. It specifically states "a public
erosion nuisance is an occurrence where erosion of, or sediment from, one location causes an
unsafe, bothersome, or unsightly condition on public property and public rights-of-way." It goes
on to state "It is not a violation of this ordinance if erosion and sedimentation occurs on private
property and is deposited upon private property. Only erosion and sedimentation which impacts
on public properly and public rights-of-way' are governed by this ordinance." Using those
statements and then reviewing the Chaucer Estates situation, it is obvious that there has not been
a violation of the Erosion Control Ordinance because the sedimentation has originated on private
property i.e., the lots during construction and been deposited onto private property i.e., open
space which contains the lake. That open space is dedicated to and maintained by the
Homeowners's Association. It is not public property or public right -of-way. I have enclosed
a portion of the recorded plat that includes that language. There are drainage easements at the
northwest corner and on the south side of the lake that contain the headwalls.
If the City takes the position that the Ordinance also controls siltation from private property to
private property the responsibility for controlling that erosion per the Ordinance lies with the
owner, builder, developer, tenant, or other person, firm or corporation that owns, possesses or
is in custody of the property. In other words, if the property is being developed, the owner of
the property is responsible to insure that the development is not causing siltation problems on
other private property. The Ordinance does not rest that responsibility with the City.
I know that this is a tough position for the City to take in stating the Ordinance does not address
siltation from private property to private property. However, my review of the Ordinance is that
it is intended to relieve the City of the responsibilities associated with the removal of siltation
from City property and/or rights-of-ways, etc.
The interpretation I have taken of the Ordinance is as it is written and I am unsure as to whether
or not we will need Pete to give a legal opinion. If you should have any questions I will be
happy to discuss them with you at your convenience.
file/kgriffin/chaucer, mm
LIBRARY SITE
I
lltW? iQ' OR&i# JSId'l
,,v., ~ ~ --~l'-- _~_~
~ ~.'~ ~~ AND MAINTAINJD It THJ J
~ , , . . . ~ ~ ~.4t' -
~~~~ ~ I~ . ~ · :