§ 1024.02  INSTALLATION IN RIGHTS-OF-WAY; OBSTRUCTIONS.
   (a)   All driveway culverts installed within the road right of way of a public street or alley in the city shall be inspected by either the City Engineer or the Director of Public Service prior to covering to ensure that the correct culvert size, type and appropriate depth requirements are met. All such culverts shall be a minimum of 12 inches inside diameter.
   (b)   All driveway culverts within the road right-of-way of a street or alley in the city shall be maintained in proper working condition and shall be kept free from obstructions by the property owner for whose benefit the driveway culvert has been installed. In nonemergency situations, if the Director determines that a driveway culvert is in need of cleaning, repair or replacement, the Director shall cause written notice thereof to be served upon the property owner at the property owner's last known address. Such cleaning, repair or replacement must be made in accordance with this chapter and shall be approved by the Director within seven days after service of such notice.
   (c)   If the Director determines that an emergency situation exists, and immediate cleaning, repair or replacement is needed, or if such property owner fails or refuses to comply with the notice provided in subsection (b) hereof, the city may cause the required work to be done by the city and the amount of money so expended shall be billed to the property owner by certified mail. Upon the property owner's failure to reimburse the city this amount, within 30 days after billing, the Director of Law shall collect the same by judicial process. Any judgment uncollected for 30 days after its date shall be recorded in the records of the Clerk of the County Common Pleas Court as a lien upon the lands of the property owner concerned.
   (d)   Whenever it is necessary to remove concrete or asphalt pavement over a culvert, or within a road right-of-way, for purposes of either removing obstructions or widening streets or alleys in the city, there shall be no requirement, on the part of the city or the State Department of Transportation, to restore any such driveway with concrete or asphalt pavement.
(Ord. 95-O-71, passed 1-15-1996)