(a) Notice To Correct Improper Drainage.
(1) Whenever the Municipality shall find that (i) a tract of land is inadequately drained, or (ii) there is excessive erosion or sedimentation upon such land or (iii) that there is an obstruction to or from a culvert, or water course upon such land that interferes with water naturally flowing therein or (iv) that such culvert, storm sewer or watercourse is of insufficient capacity to reasonably accommodate the flow of water, as required by this chapter, the Municipality shall notify the owner or person having possession, charge, or management of such land to remove the obstruction, provide adequate drainage, fill or drain such land, enlarge the culverts, drains or watercourses, mitigate excessive erosion or sedimentation and/or accomplish any other act determined by the Municipality’s Engineer necessary to further the purposes of this chapter. Such notice shall be served to such persons by personal delivery, by registered mail at the last known place of residence, or by posting on the premises.
(2) The owner must comply with the Municipality’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 Municipality shall constitute a separate offense.
A. In any case where a condition described above exists for more than 30 days after service of notice, the Administrator 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.
B. In the event an owner fails or refuses to comply with the Administrator’s directive, the Municipality may provide for the performance of the required work and charge the owner the abatement costs.
C. Each and every owner of real property in the Municipality consents to the entry upon any real property in the Municipality for all reasonable times during normal business hours for the purpose of inspection, repair or maintenance required by this chapter.
(3) Non-action by the Municipality to observe or recognize hazardous or unsightly conditions or to recommend denial of a permit or zoning change shall not relieve the owner or person having possession, charge or management of such land from the responsibility for the condition or damage resulting therefrom, and shall not result in the Municipality, its officers or agents being responsible for any condition or damage resulting therefrom.
(4) 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.
(5) Nothing in this chapter shall be construed to prevent immediate action by the Municipality in emergency situations. In case of an emergency, the Municipality may direct that action be taken immediately to correct the condition or abate the activity to protect the public health, safety, and welfare. The Municipality may perform the required work and charge the owner the abatement costs.
(b) Abatement Costs.
(1) The Municipality shall account for all costs associated with an emergency or abatement including, but not limited to, administration, notification, inspection, serving of papers or documents, legal counsel, force account labor and/or materials, enforcement, operational services, and outside contracted services. These costs shall be billed at the discretion of the Administrator. This section shall not be construed to relieve the owner of any penalties prescribed by other sections of this chapter.
(2) Notice of such assessment shall be given to the owner of the lot or land charged therewith and the occupant by mailing such notice to the address utilized by the County Treasurer for billing purposes and by posting a notice of assessment at the subject premises. Service may also be made in any manner provided for service of summons by the Ohio Rules of Civil Procedure. All assessments not paid within ten days after such mailing and posting, after approval by Council, shall be certified by the Clerk of Council to the County Auditor to be placed on the tax duplicate and collected as other taxes are collected.
(Ord. 08-021. Passed 4-14-08.)