06/21/1993 Meeting Minutes - Laserfiche WebLink

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Regular Council Meeting 6/21/93 Page Three can move through those properties, we have no business going in and telling people what they can or can't plant in their swales. If the water is impeded in its flow, then we will remove all the structures and cause them to be removed by the individuals that are in there. If there is some damage to her property caused by an overflow, that person is responsible for those damages and they will have to pay for any damages that she can prove. Mr. Diemert said he received a call from another neighbor who has the same abutting swale and he indicated that this would not be a problem but for the fact that there were complaints about the weeds growing on her property and his property; and that is why the counterclaims about the swale are taking place now. We do not want to get involved in neighborly disputes. Mr. Diemert said we are trying to resolve the situation so that water will move smoothly and that is our intention to do. Mr. Diemert said the Village Engineer is still looking at that--if he tells us it is impossible for the water to go though because of the garden and the topography of land; then the garden will have to be removed. Mr. Diemert explained the fence Ms. Coyne referred to is not a fence that bounds the property line (which are the type of fences that require a permit.) Mr. Diemert said he thought he had answered all of those things. The law enforcement is up to himself as Law Director, and the Prosecutor and the Service Director; they will do the best they can. Mayor Rinker said he has asked Mr. Ainendola and Mr. Hovancsel< to monitor the water flow over time. He was also advised that her property, which has always been lower, could possibly be de-watered by tying into that swale. One of his thoughts was to see to what exfent her property could be de-watered into it; to help pull her water into the swale. If the swale itself is functioning, then we would like to see if that could work out. If not, they will tell the property owner they must make the appropriate change. Mr. Flynn said Mr. Hovancsek had written a letter telling them to remove the siructure on September 22,1992. He explained to the audience that this is a 4 x 12' garden with a chain link fence and a gate in it; mounted on concrete blocks. It is not a neighbor dispute; it is a blatant violation of the Codified Ordinances and the restricted covenants of Hanover Woods. Mayor Rinker asked Mr. Hovancsek to make a recommendation physically--what should be done with that to improve it to make an adequate impediment; he had thought they were going to work within the existing configurations. Mr. Hovancsek should let the Law Director know of his recommendation.