Laserfiche WebLink
listed the three possible alternatives to correct the drainage problem that were presented to Bill <br />Morgan, a representative of Sylvan Lakes: (1) dig a shallow swale where it was originally <br />planned; (2) put a drainage pipe within the drainage easement and convey the water to the <br />stormwater pond; or (3) dig a swale that would straddle the property line. Director Mora relayed <br />that Mr. Morgan had told staff that he wanted to wait until the snowbirds returned before <br />presenting it to the Homeowners' Association. Staff did not know the current progress, other <br />than the fact that local engineers were contacted, who in turn contacted staff for survey <br />information and possible solutions. <br />Vice Chairman O'Bryan questioned the enforcement capability of the County to expedite <br />the process. <br />Director Mora felt it was an issue between private parties. <br />County Attorney Alan S. Polackwich, Sr. explained the law and offered suggestions <br />pertaining to violations and enforcement. He also indicated that Mr. Spruce should pursue his <br />own private remedy since the adjoining properties are diverting drainage onto his property, and <br />causing a nuisance. <br />Mr. Spruce revealed that Sylvan Lakes had received notice from the County four or five <br />years ago regarding this flooding issue. <br />Commissioner Flescher wanted to know the County's recourse. <br />Attorney Polackwich said that to change the condition of what was approved on the site <br />plan is a Code Enforcement violation, and that the lengthy delay in enforcement (with some <br />houses being built 15 to 20 years ago) could create a defense for the property owners. He <br />believed the remedy exists more against the property owners than the association because he felt <br />the individual property owners changed their lots and did not build the drainage easement. <br />January 24, 2012 8 <br />B1(141PG917 <br />