§ 93.04 DRAINAGE OF LANDS.
   (A)   No person, owning or controlling any lot or land within the city, shall permit, allow, or cause the following to be or remain upon such property:
      (1)   Stagnant water;
      (2)   Putrid substances;
      (3)   Obstructions to culverts, covered drains, natural watercourses, creeks, or branches causing water to flow back or become stagnant upon public or private property; and
      (4)   Water in any manner to accumulate or drain in a way prejudicial to the health, comfort, or convenience of any of the citizens of the neighborhood.
   (B)   City Council may, by resolution, direct the owner to fill or drain the lot, remove the putrid substance or the obstructions, and if necessary, enlarge the culverts or covered drains to meet the requirements thereof. After service of a copy of the resolution or after publication thereof in a newspaper of general circulation in the municipal corporation, for two consecutive weeks, the owner, or his or her agent or attorney, shall comply with the directions of the resolution within the time therein specified.
   (C)   In case of the failure or refusal of the owner to comply with the resolution, the work required thereby may be done at the expense of the city. The amount of money so expended shall be recovered from the owner before any court of competent jurisdiction. The expense from the time of the adoption of the resolution shall be a lien on the lot, which may be enforced by suit in the Court of Common Pleas, and like proceedings may be had as directed in relation to the improvement of streets.
   (D)   In addition, the Clerk of Council may certify the total of such expense, together with a proper description of the lands, to the County Auditor who shall place the expense upon the tax duplicate. The expenses shall be collected as other taxes and returned to the city.
(1982 Code, § 93.05) (Ord. 1985-44, passed 11-4-1985)