§ 93.38 POWER OF THE VILLAGE TO FILL OR DRAIN LAND.
   (A)   The village may fill or drain any lot or land within its limits on which water at any time becomes stagnant, remove all putrid substances from any lot, and remove all obstructions from culverts, covered drains, or private property, laid in any natural water course, creek, brook, or branch, which obstruct the water naturally flowing therein, causing it to flow back or become stagnant, in a way prejudicial to the health, comfort, or convenience of any of the citizens of the neighborhood. If such culverts or drains are of insufficient capacity, the village may make them of such capacity as reasonable to accommodate the flow of such water at all times.
   (B)   The Council may, by resolution, direct the owner to fill or drain such lot, remove such putrid substance or other obstructions, and if necessary, enlarge such culverts or covered drains to meet the requirements thereof.
   (C)   After service of a copy of such resolution, or after a publication thereof in a newspaper of general circulation in the village or as provided in R.C. § 7.16 for two consecutive weeks, the owner, or the owner's agent or attorney, shall comply with the directions of the resolution within the time therein specified.
   (D)   In case of the failure or refusal of such owner to comply with the resolution, the work required thereby may be done at the expense of the village, and the amount of money so expended shall be recovered from the owner before any court of competent jurisdiction. This expense from the time of the adoption of the resolution shall be a lien on such 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.
   (E)   The officers connected with the Health Department of the village shall see that this section is strictly and promptly enforced.
(Ord. 2018-80, passed 11-20-18)
Statutory reference:
   Power to fill or drain lots and remove obstructions - resolutions, see R.C. § 715.47