§ 36-13. Maintenance of public ditches.

(a)

Obstruction of public ditches. No person shall in any manner obstruct, or cause to be obstructed, the free passage of water in any public gutter, ditch, culvert, swale or drain, or place, or cause to be placed, any rubbish, dirt, sand, gravel or any other matter or thing so that the same is likely to be carried by the elements into any public gutter, ditch, culvert, swale or drain.

(b)

Responsibility to maintain. Every owner of land in the town whose land abuts a public right-of-way on which is located a ditch, culvert, or swale shall be required to maintain, or have maintained, the ditch, culvert, or swale so as to permit and allow the unobstructed and free passage of water within the public ditch, culvert, or swale. The property owner shall be responsible for removing brush, weeds, cattails, and similar vegetation which obstructs the free flow of water within the ditch, culvert, or swale. In the event the property owner fails to maintain the ditch, culvert, or swale, as required under the terms of this section, and in the further event that the town is then required to remove brush, weeds, cattails, or similar vegetation so as to allow the unobstructed and free passage of water within the ditch, culvert, or swale, the costs and expenses incurred by the town may be deemed a special charge for current services, as the term is defined in Wis. Stats. § 66.0627, and the cost thereof may be assessed against the property owner in accordance with the provisions of section 2-243.

(Prior Code, § 6-3-11)