951.05 OPEN WELLS AND CISTERNS.

   (a)    Upon written information that an open well or cistern exists on lands in the City and poses a hazard, the Bureau of Buildings, Inspections, Licenses and Permits shall cause a written notice to be served upon the owner, lessee, agent, or tenant having charge of such land, notifying him that an open well or cistern exists on such land and that it must be covered with heavy reinforced concrete cement slabs, with boiler plate of no less than three-eighths inch thickness, or flagstone of no less than three-inch thickness or filled to the top with compacted soil or compacted granular material.

   (b)    Upon a determination by the Bureau that the well or cistern is not covered or filled and constitutes a hazard, the Bureau shall cause written notice to be served upon the owner and, if different upon the lessee, agent or tenant having charge of such land, notifying him that an open well or cistern is on the land, and that it must be properly covered or filled within five days after the service of the notice .

   (c)    If the owner or other person having charge of such land is a nonresident of the City whose address is known, the notice shall be sent to his address by certified mail. If the address of the owner or other person having charge of such land is unknown it is sufficient to publish the notice once in a newspaper of general circulation in the County.

   (d)    If the owner, lessee, agent or tenant having charge of such lands fails to comply with the notice required by this section, the City by the Bureau of Buildings, Inspections, Licenses and Permits may enter upon such lands and cause such open well or cistern to be properly covered or filled. The Bureau may employ the necessary labor to perform the task and all expenses including materials, shall be paid out of money in the City Treasury appropriated for such purpose.

   (e)    If the Bureau shall make a written return to the County Auditor of its actions hereunder with a statement of the charge for its services, the amount paid for performing of such labor, the fees of the officer who made the service of the notice and return, and a proper description of the premises, such amount, when entered upon the tax duplicate, shall be a lien upon such land from the date of the entry, and shall be collected as other taxes and returned to the City within the General Fund.

(Ord. 83-356. Passed 10-18-83.)