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(A) Whenever the utility shall find that a tract of land is inadequately drained, or that there is an obstruction to a culvert, or water course that interferes with water naturally flowing therein or that such culvert, storm sewer or watercourse is of insufficient capacity to reasonably accommodate the flow of water, as required by this chapter, the utility shall notify the owner or person having possession, charge, or management of such land to remove the obstruction or provide adequate drainage. Such notice shall be served on such persons by personal delivery, by registered mail at the last known place of residence, or by posting on the premises.
(B) The owner must comply with the utility's orders within the time specified and not to exceed 30 days. Failure to comply with such order shall constitute an unlawful act. Each additional day thereafter during which the owner fails to carry out the order of the utility shall constitute a separate offense.
(1) In any case where a condition described in division (A) exists for more than 30 days after service of notice, the Village Manager may direct the owner to fill or drain such land, remove any obstruction and, if necessary, enlarge the culverts, drains, or watercourses to meet the requirements of this chapter.
(2) In the event an owner fails or refuses to comply with the Village Manager's directive, the utility may provide for the performance of the required work and charge the owner the abatement costs.
(C) Failure of the village to observe or recognize hazardous or unsightly conditions or to recommend denial of a permit under other provisions of the code shall not relieve the developer from the responsibility for the condition or damage resulting therefrom, and shall not result in the village, its officers or agents being responsible for any condition or damage resulting therefrom.
(D) Nothing in this chapter shall be construed as authorizing any person to maintain a private or public nuisance on his property, and compliance with the provisions of this chapter shall not be a defense in any action to abate such nuisance.
(E) Nothing in this chapter shall be construed to prevent immediate action by the utility in emergency situations. In case of an emergency, the utility may direct that action be taken immediately to correct the condition or abate the activity to protect the public health, safety, and welfare. The utility may perform the required work and charge the owner the abatement costs.
(Ord. 2002-11, passed 3-10-03) Penalty, see § 54.99