HomeMy WebLinkAbout061-98RESOLUTION NO. 61-98
DECLARING CREEK MODIFICATIONS MADE AT
263 MONTEGO DRIVE A PUBLIC NUISANCE
(OWNER: ROY A. LEWIS, APN 208-650-024)
WHEREAS, Section 12-13.1 of the Danville Municipal Code requires property owners to obtain
a permit from the Town of Danville prior to taking .any action which impairs or impedes the flow
of water in a natural or manmade drainage channel, before depositing any material in such channel
or constructing any storm water drainage facility; and
WHEREAS, Section 12-13.2 of the Danville Municipal Code provides that any work done without
a permit as required by Section 12-13.2, constitutes a violation of the Municipal Code and shall be
abated by the Town; and
WHEREAS, Section 1-5.5 of the Danville Municipal Code provides that any violation of the
Mtmicipal Code constitutes a public nuisance subject to abatement; and
WHEREAS, Chapter 1-6 of the Danville Municipal Code provides a procedure for the Town
Council to declare and order the abatement of public nuisances; and
WHEREAS, Roy A. Lewis, the property owner of 263 Montego Drive (APN 208-650-024), has had
certain modifications made to the creek running through his property, which modifications were
made without obtaining a permit as required by Section 12-13.1 of the Danville Municipal Code;
and
WHEREAS, those modifications, consisting generally of filling of the creek with installation of
underground pipes to convey the water, have not functioned properly and have lead to flooding of
adjacent properties during the last two winters; and
WHEREAS, Mr. Lewis has been informed by the City Engineer that the modifications to the creek
violate the Danville Municipal Code and must be removed in order to allow for the proper
functioning of the drainage channel and received notice of the public hearing; and
WHEREAS, the Town Council has conducted a public hearing, considering all testimony and
written documents received at the heating; now, therefore, be it
RESOLVED, that the Danville Town Council finds the creek modifications made at 263 Montego
Drive constitute a public nuisance which must be abated within 30 days, based upon the following
findings of fact:
1. The natural drainage channel or creek running through the property was filled in and the
water channeled into underground pipes.
2. These modifications were done without a permit as required by Section 12-12.3 of the
Danville Municipal Code.
3. During the past two winters, these modifications have failed to adequately handle the
volume of water naturally flowing through the creek, leading directly to flooding of adjacent
properties.
APPROVED by the Danville Town Council at a regular meeting held on April 21, 1998, by the
following vote:
AYES: Waldo,
NOES: None
ABSTAINED: None
ABSENT: None
Arnerich, Doyle, Greenberg, Shimansky
APPROVED AS TO FORM:
MAYOR
CITY CLERK
PAGE 2 OF RESOLUTION NO. 61-98