By Myrna Trauntvein
Times-News Correspondent
The cooperation of homeowners in Mona is sorely needed to end the drainage problems that cause flooding during any downpour.
As a result, by assignment of the council, Jeff Hearty, council member, was asked to draft a letter to homeowners soliciting their help. At Tuesday's council meeting, the draft of the letter was approved and will be sent to those who might need to make changes.
"The letter will give the homeowners the opportunity to work with us," said Hearty.
The letter was read, after being written, and was approved by the city's attorney prior to its adoption.
"This letter is being written as a solicitation of your assistance to solve some of the drainage issues that Mona is subject to during times of significant precipitation," stated the letter.
Many years ago, the streets of Mona were lined with irrigation ditches which also served as drainage corridors when heavy rains or high run-off periods occurred.
"The city council and I are very concerned about those homeowners in town whose properties could be flooded during periods of high water," Greg Newton, mayor said.
Newton will sign the letter prior to its being mailed to those who will need to make changes.
"Your are receiving this letter as your property is situated on one of the roads which is currently lacking in adequate drainage infrastructure," said the letter.
As the town grew and new culinary and secondary water systems were installed, the ditches were covered over in much of the older parts of the town. Drainage systems in some newer developments have been seemingly inadequate or even completely omitted.
According to city code, Mona maintains an easement on each side of the city roads which by law must be accessible for utilities, drainage and other municipal purposes that the city deems necessary for proper operation of the municipality.
The right-of-way, in many cases, measures from the center of the road. However, that does not always work, because not all roads can be measured from the center to the property line.
In some cases, said Lynn Ingram, city planning director, the measurement would need to be made from the property line out.
All of the properties had metal markers installed when the properties were surveyed.
"They will not all be there still, I am sure," said Ingram.
In those cases, the right-of-way can be established from measuring out from the property line, said Allen Pay, city water department superintendent.
In the newer sections, the street width is 66-feet and in the older areas of the community, the road width is 99-feet.
Improvements to the city easements, including plantings such as grass, bushes, trees, or yard decorations such as concrete, rocks, or the extension of driveways and structures, which interfere with public utilities and proper drainage are permissive uses in the city's rights-of-way.
A permissive use refers to any use or act which is allowed by prior agreement, by legal procedure or by court order. In other words, that use must be permitted before any change can be made.
"By law, the city has the right to require the removal of such improvements if necessary," said Newton.
Hearty said that their attorney had included case law as part of the letter so that the homeowner will understand that the city may require the homeowner, at the homeowner's own expense, to remove any home improvement which may impede the drainage.
Utah courts have upheld municipal rights to remove encroachments on municipal rights-of-way.
Those who are interested may look at cases: Hall v. North Ogden City, 166 P.2nd 221, 227 (Utah 1946) and Clark v. Erekson, 341 P.2d 424, 425-26 (Utah 1959).
Utah Code Section 54-3-27 also provides that "if a property owner places improvements to land that interfere with the easement rights [of a public utility], the property owner shall bear the risk of loss or damage to those improvements resulting from the exercise of the easement right," states the code.
The council does want to work with those residents who need to remove all items—such as rocks, brick work, and fencing—from the city drainage.
"We are interested in working with you to find a solution to the problems described that will not only solve the utility drainage issues but that will also be acceptable to you," said the letter.
Jeff Smith, council member, will be available for phone calls during reasonable hours of the day.
Frank Riding, council member, said that the council also needed to address the junk and garbage which was accumulating along the sides of the roadways. That was also located in the easement and all of it needed to be removed by the homeowner.
