CHAPTER 907
Roadside Culverts and Drains
907.01   Permit required; approval; construction requirements.
907.02   Engineer’s consent required for filing, covering, etc.
907.03   Notice to clean or repair; City may do work.
907.04   Blocking or obstructing ditches, drains or watercourses.
907.99   Penalty.
 
907.01 PERMIT REQUIRED; APPROVAL; CONSTRUCTION REQUIREMENTS.
   (a)   Before installing any culverts or driveway drains along a roadside ditch within the dedicated portion of any public street or thoroughfare in the City, or within that portion of any real estate which is contained within an easement to the City for public street or thoroughfare purposes, the owner of the abutting property in which the culvert or drain will be placed shall first obtain written permission from the City Engineer to make such installation.
 
   (b)   The length and diameter of such culvert or drain and the depth and level of the same shall first be approved by the City Engineer and the installation of such culvert and drain shall be approved and inspected by the Director of Public Service and Safety or his representative.
 
   (c)   Every culvert pipe or driveway pipe hereinafter installed in the dedicated portion of any public street or thoroughfare or within the area covered by an easement for street or thoroughfare purposes in the City shall be constructed according to the current State of Ohio Department of Transportation Construction and Material Specifications Manual Item 603 Pipe Culverts, Sewers and Drains, using Type D conduits. (Ord. 132-87. Passed 9-21-87.)
 
907.02 ENGINEER'S CONSENT REQUIRED FOR FILLING, COVERING, ETC.
   No person shall fill in, cover, remove or regrade the course of any culvert or drain or the grade of the same along a roadside ditch within the dedicated portion of any public street or thoroughfare or an easement for the same without first obtaining the written consent of the City Engineer. Any improvements to the culvert, drain or ditch on the premises of an owner shall be borne by the owner of such lands.
(Ord. 132-87. Passed 9-21-87.)
907.03 NOTICE TO CLEAN OR REPAIR; CITY MAY DO WORK.
   (a)   In the event that any existing culverts or drains along a roadside ditch within the dedicated portion of any public street or thoroughfare or easement for the same in the City become so obstructed or blocked as to impede the flow of water, the Director of Public Service and Safety shall notify the owner of the property in which the drain or culvert is situated by certified or registered mail sent to the owner's address for tax mailing purposes of the defective condition and that the owner shall correct it. The owner will be given ten days from the date the notice is received to correct the condition in a manner satisfactory to the Director.
   (b)   In the event that the owner refuses or neglects to correct the situation by making the necessary repairs or doing the necessary cleaning within the ten-day period, the City shall make all necessary repairs and do all necessary cleaning at the City's expense. The total cost of such repairs and cleaning shall be computed by the Director of Public Service and Safety and delivered to the Director of Law for recovery against the owner in any court of competent jurisdiction. (Ord. 132-87. Passed 9-21-87.)
907.04 BLOCKING OR OBSTRUCTING DITCHES, DRAINS OR WATERCOURSES.
   (a)    No owner or occupant of real estate in the City shall block or obstruct or permit to become blocked or obstructed any ditch, drain tile or natural watercourse in the City whether situated on such real estate or situated in a street or highway right of way that is adjacent to or contiguous to such real estate.
   (b)    In the event that any ditch, drain tile or natural watercourse in the City shall become blocked or obstructed, the Director of Public Service and Safety shall notify the owner or the occupant of the real estate on which either the blockage or obstruction occurs or which is adjacent to or contiguous to the street or highway right of way where the backage or obstruction occurs to remove such blockage or obstruction within a period of time not to exceed tem days from the date that the mailing notice is received by such owner or occupant or such extension thereof as is granted by the Director at his discretion. No person shall fail to comply with such notice within such period of time. (Ord. 132-87. Passed 9-21-87.)
 
907.99 PENALTY.
   Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance continues.
(Ord. 132-87. Passed 9-21-87.)