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<br />like to do is have the area resurveyed to see if there would be any recourse with the <br />developer. <br /> <br />City Attorney Hoeft indicated that the City could do work within the easement but he is <br />not sure that it would be possible to collect from anyone so the City takes the risk of <br />expending funds and not recovering them. <br /> <br />Council Member Broussard Vickers indicated that the recourse the City has is if the <br />property is violating the Ordinance by placing water onto another's property. But, that <br />would mean it is an issue for the property owner to resolve and then attempt to go back <br />after the developer. <br /> <br />Council Member Broussard Vickers indicated that the only way she could think of to help <br />residents with the drainage problems as it stands is to issue an ordinance violation to <br />anyone that is causing water to drain onto another's property and that would require that <br />the homeowner pay to resolve the matter and provide a basis to go after the developer in <br />Court. <br /> <br />Mr. Halstrom indicated that with the development ongoing the developer is still involved. <br /> <br />Council Member Broussard Vickers indicated that the agreement says grades are to be at <br />1 % but that is inspected by the City prior to the home being built. She then said that <br />individual builders have gone in and disturbed the grade and created a situation where <br />there is an ordinance violation for causing water to drain onto someone else's property. <br /> <br />Council Member Broussard Vickers indicated that there is not a way to do this with the <br />limited abilities and finances of the City. <br /> <br />Mr. Greg Nohner of 1855 Pioneer Lane asked whether the builder has to build the home <br />to City Code when the permit is issued. Council Member Broussard Vickers indicated <br />that the home must be constructed to meet the Building Code Requirements. <br /> <br />Mr. Nohner said he would think that the City could go to Swift and tell them that they are <br />in violation of the ordinance and force them to fix the problem. Council Member <br />Broussard Vickers explained that Swift does not own the pieces of property the <br />homeowners do so any ordinance violation would be the responsibility of the property <br />owner. <br /> <br />Mr. Nohner coIDJilented that it seems that the City wants to wash its hands of this <br />problem and it seems inappropriate that the City has no responsibility because the City <br />has signed off on the building.permit and inspections. He then asked what residents are <br />supposed to say when Swift says that they will do something if the City tells them to. <br /> <br />City Attorney Hoeft indicated that he could not give individual homeowners legal advice <br />as to how to proceed and suggested that residents hire an attorney to provide them with <br /> <br />Page 10 of24 <br />