(A) (1) It shall be unlawful for any person or persons to construct or maintain a driveway approach or other obstruction leading from any street or road to a lot or parcel of land abutting thereon which may in any way obstruct or interfere with the free and continuous flow or passage of water, in, through or along any public gutters, watercourse, drain or ditch in the street or road, without first placing in the bottom of the gutter, watercourse, drain or ditch, a metal culvert pipe as hereinafter provided and maintaining the same safe and unobstructed.
(2) Any culvert pipe installed in any public street or road shall be approved by the Board of County Road Commissioners of the County of Genesee or its appointed representative and shall be installed in a manner approved by the Board of County Road Commissioners of the County of Genesee in a location at a grade and at such elevation that it will not obstruct or interfere with the free and continuous flow or passage of water in the direction designated by the established grade of the gutter, watercourse, drain or ditch, and shall be covered with material adjacent thereto, if appropriate, or other approved material suitable for the use intended.
(B) Whenever any person shall desire to construct a driveway or obstruction in a gutter, watercourse, drain or ditch, he or she shall make application to the Board of County Road Commissioners of the County of Genesee for a permit for the installation. If there is no objection to the installation by the Commission, it is intended that the Board of County Commissioners of the County of Genesee will issue a permit for the installation, in accordance with its regulations and shall make a record of the permit.
(C) Whenever any street, road, lane or alley in the township has been graded, ditched or paved without curbs, or whenever any existing culvert has not been maintained or, because of its condition, is interfering with the free and continuous flow or passage of water, the township upon receipt of a report from the Building Official or Supervisor confirming the conditions shall serve or cause to be served, a written notice in a form to be approved by the Township Attorney upon the owner or agent of any lot or parcel of land abutting the street, road, lane or alley, which has a driveway approach or other obstruction leading from the lot or parcel of land to the traveled portion of the street, road, land or alley requiring him, her or them to install culvert pipes in all the driveways, approaches or obstructions in accordance with divisions (A) and (B) of this section within 30 days after the service of the notice or within such extension as shall be granted by the Supervisor or Building Official. In case the Clerk or other authorized agent or employee shall be unable to find, within the township, the owner or agent of the lot or parcel of land abutting the street, road, lane or alley, then the notice may be served by posting in some conspicuous place on the lot or premises.
(D) In case the owner or agent of any lot or parcel of land, when ordered by the Clerk, in the manner aforesaid, shall refuse or neglect to install culvert pipes under the driveways, approaches or obstruction within 30 days from the date of service of the notice provided for in division (C) of this section, the Township Board may cause the driveway, approach or obstruction to be constructed and installed and assess the cost thereof on the lot or parcel of land benefited, the assessment to be collected in the same manner as provided for the collecting of special assessments and the tax shall be and remain a lien upon the lot or parcel of land until the same is paid.
(E) This section shall become effective upon publication following its final passage on January 27, 1991.
(F) Any person or persons violating any of the above provisions of this section shall upon conviction thereof, be sentenced to pay a fine not exceeding $500 or by imprisonment for not more than 90 days in the County Jail or by both the fine and imprisonment in the discretion of the Court.
(Ord. 323, passed - -) Penalty, see § 150.99