Council hears complaint about filled drainage ditch; city attorney says private disputes generally not enforced by city

Councilmember Schisler brought a constituent complaint to the council asking whether the city can prohibit property owners from directing or draining surface water onto a neighbor’s land after a city-approved drainage ditch was filled and now conveys water onto an adjacent lot.

"We don't really have an ordinance that prohibits that," Schisler said, describing a filled drainage ditch and a neighborhood where the subdivision straddles town and city. He asked staff and the city attorney whether an enforceable ordinance exists that would protect an individual property owner in such cases.

City Attorney Deb Hoffman said the city generally does not resolve private property disputes between neighbors, and that local practice is to provide drainage plans and advise residents, but to leave private enforcement to the property owners and the civil courts. "The legal principles generally, the city doesn't get involved in property disputes between neighbors," Hoffman said.

Engineering/public works staff said they can provide approved drainage plans and have previously supplied those materials to residents who ask, but that professional engineering or private-civil remedies are typically required when one property owner asserts a private obstruction or regrading. City Manager Moore committed to visit the property to follow up and ensure the resident understands the city's position and available records.

Schisler asked for further consideration of whether the city could provide an ordinance or additional tools to address recurring problems as storm events and water levels rise. Councilmembers discussed the limits of retroactive ordinances (an ordinance would not retroactively undo past filling) and the practicality of education and outreach as a first step. No ordinance was adopted; the matter was left as a follow-up for staff.