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<br />Mr. Halstrom indicated that he thinks the water may come out of Portage Way onto <br />Dupre and onto the street and into the ponds due to what happened when the homes were <br />built. <br /> <br />City Attorney Hoeft indicated that one of the remedies in this is to find every homeowner <br />criminally liable and issue citations for violating the. ordinance. But then there is the <br />issue of who is responsible for putting what dirt where and just because the dirt was <br />moved does not mean the grade was changed leading to a serious proof issue. The <br />problem could have been caused by the developer, the builder or the homeowner as a lot <br />of people do their own landscaping. <br /> <br />Mr. Nohner indicated that they know who built all the houses there and that is Swift and <br />said that there should be a clear cut case of who built the building and did the landscaping <br />and those are the one that are responsible. <br /> <br />City Attorney Hoeft indicated that it is not as simple as it sounds because the <br />homeowners would need to prove that Swift did the work and no other work has been <br />done to affect the grading. <br /> <br />Council Member Capra indicated that Portage Way has not been final graded for sod and <br />she thinks that if the City had Staff or the building official speak to them they could <br />check the drainage and grade. <br /> <br />Council Member Broussard Vickers asked if the City has the right or responsibility to ask <br />them to fix the grade because it has changed since it was done. <br /> <br />City Attorney Hoeft indicated the City could communicate that to them. <br /> <br />Mayor Sweeney commented that everyone agrees that silt fencing, the sodding, and the <br />sweeping need to be taken care of and, if the developer upon notice does not do so, the <br />City can use the escrow to perform the work. <br /> <br />Mr. Bob Hosfield asked what the ordinance says with regard to filling in a drainage <br />easement because the drainage easement behind him has been filled in and the builder <br />would be in violation of the ordinance for that. <br /> <br />Mr. Peterson indicated that area is a drainage easement. <br /> <br />Mr. Hosfield asked whether the builder has liability for the developer filling in the <br />drainage easement. <br /> <br />City Attorney Hoeft indicated the City would need to determine who owns the property <br />and determine whether there is a violation of the ordinance. <br /> <br />Page 12 of24 <br />