521.05 DRAINAGE NUISANCES; NOTICE TO REMEDY; FAILURE TO COMPLY; COST FOR CITY WORK.

   (a)    No owner, occupant or person having charge or management of any lot or parcel of land situated within the City, whether the same be improved or unimproved, vacant or occupied, shall maintain, keep, permit or employ any or all of the following conditions on such property, such conditions herewith being declared to be against the public health, safety and general welfare and, therefore, constituting nuisances:

      (1)    To cause any lot or land within the City limits to become filled with stagnant water;

      (2)    To permit putrid substances to remain on any lot or land within the limits of the City;

      (3)    To obstruct any culvert, drain, swale or natural water course, or a creek, brook or branch thereof;

      (4)    To obstruct the natural flow of water, causing it to flow back or become stagnant, in a way prejudicial to the health, comfort or convenience of any of the residents of the neighborhood;

      (5)    To construct, erect, maintain, keep or harbor any artificial lake or pond within the limits of the City;

      (6)    To obstruct any sewer or drain, private or public, or to divert or cause the natural flow of water therein, to flow other than in its natural course or established way;

      (7)    To store-up, enclose or catch by means of containers, ponds or by means of dams, any sewerage or water from any sanitary sewer, drain, ditch or cesspool within the City limits except for the purpose of treatment thereof as provided by the laws of the State.

   (b)    When, upon advice of the Building Commissioner, Service Director or City Engineer, Council determines that one or more of the conditions set forth in subsection (a) hereof exists on a lot or parcel within the City, then Council, by a majority vote of the members elected thereto, shall cause the Clerk to send, by U. S. certified mail, a notice to the owner of the parcel, of the defective condition thereof and requiring that the same be corrected within seven days of receipt of such notice. If, after the expiration of seven days, the defect has not been corrected then Council may, by the affirmative vote of at least five members elected thereto, adopt a resolution directing the owner of such lot to correct the condition within the time specified in such resolution, provided that at least seven days prior to the introduction of such resolution the Clerk of Council notify the owner of each such lot, by regular U. S. mail, of the date on which such resolution shall first be introduced to Council. For purposes of this section the following apply:

      (1)    The owner of a parcel or lot shall be that party who last appears as owner on the City plat books; and

      (2)    The resolution shall specify the specific condition to be corrected and shall provide a reasonable period of time for compliance commensurate with the severity of the condition and its adverse effect upon the neighboring residents, provided that under no circumstances shall the time for compliance be less than fourteen days.

   (c)   Following passage of the resolution as set forth in subsection (b) hereof, Council shall cause a certified copy of same to be served upon the owner of the designated lot or parcel by sending it by U.S. certified mail. If the service upon the owner of the designated lot or parcel by U.S. certified mail is refused, and the certified mail envelope is returned with an endorsement showing such refusal, or if the certified mail envelope is returned with an endorsement showing that the envelope was unclaimed, then Council shall cause notice of the passage of the aforementioned resolution to be published in a newspaper of general circulation in the City for two consecutive weeks and, upon the conclusion of such publication, the owner shall be deemed to have received notice of the passage of the resolution. The owner of the lot or parcel, or his authorized agent, shall comply with the directives of the resolution within the time specified therein.

   (d)    If the owner of the lot or parcel fails to comply with the directives of the resolution within the specified time, then the City shall cause such work to be performed either by its own employees or by private contractor. The expense of such work, whether performed by the City or done at City expense by a private contractor, and including any sums paid by the City to the City Engineer or Director of Law for their services in correcting such drainage nuisance, shall, from the time of adoption of the resolution, be a lien upon such lot or parcel which may be enforced by suit in the Court of Common Pleas.

   (e)    If the City is required to abate the nuisance in the manner set forth herein, then, upon completion of the work, the City shall cause a notice to be sent by regular U.S. mail, upon the owner of such lot or parcel of land, at his last known address, requiring that person to pay the cost of such work in accordance with a statement of cost enclosed with the aforementioned notice. If the statement is not paid within thirty days after mailing of such notice and statement, then the amount of the statement shall be recovered from the owner before any court of competent jurisdiction.

   (f)    Notwithstanding the provisions of subsection (e) hereof, if, within fourteen days after the mailing of the notice required by subsection (e) hereof, the owner of the lot or parcel of land may apply to Council for a deferment of payment of the cost of such work on grounds that timely payment will impose financial hardship upon him. Council shall examine the applicant's financial condition only to the extent necessary to determine whether or not timely payment of the assessment will cause such hardship. If Council determines that timely payment will cause such hardship it may, by a majority vote, amend the resolution referred to hereinabove to provide for an extended period of time within which to pay the cost of the work provided that in no event shall that time exceed a period of one year. Any charges, fees or other costs incurred by the City as a result of the additional time for payment made necessary by the provisions of this section shall be added to the amount to be paid by the owner of the lot or parcel.

   (g)    Whoever fails to comply with the notice to abate nuisance within the time limits specified in the resolution authorized herein is guilty of a minor misdemeanor, and each day that such condition exists shall constitute a separate and distinct offense.

(Ord. 37-1989. Passed 10-10-89.)