925.02 MAINTENANCE OF DITCHES, CULVERTS AND STORM SEWERS.
   (a)   Maintenance of Ditches:
      (1)   All owners or persons in possession of a lot or parcel of land abutting roads and highways within the Village are responsible for maintaining the ditches along such property and keeping such ditches free from obstruction, including mowing, cutting or destroying or causing to be cut or destroyed any noxious or poisonous weeds, vines, grasses or other types of vegetation growing within the ditches, adjacent to such lot or parcel of land. Notwithstanding the forgoing, the Village will be responsible for digging out any ditches that the Village determines need dug out.
       (2)   In the event such owner or person in possession of such property fails to maintain such ditch within five days after written notice sent by certified mail, return receipt requested or served in accordance with R.C. 731.52, the Village may maintain the ditch and after the work is done, the Village shall give five days' notice, by regular mail, to the owner of such lot or parcel of land, at his or her last known address, to pay the cost of such maintenance. Such notice shall be accompanies by a statement of the amount of cost incurred and, in the event the same is not paid within thirty days after the mailing of such notice, such amount shall be certified to the County Auditor for collection of the same as other taxes and assessments are collected.
   (b)   Maintenance of Driveway Culverts and Piped Ditches:
      (1)   The Village shall maintain and clean out all drive pipes or culverts or storm water pipe installed in ditches which are a part of the Village's municipal separate storm sewer system (MS4).
      (2)   Except as otherwise provided in any rules and regulations adopted in accordance with Section 925.01(b), in the event it is necessary to replace any driveway culvert, the cost of such replacement shall be borne by the property owner.
      (3)   Except as otherwise provided in any rules and regulations adopted in accordance with Section 925.01(b), in the event it is necessary to dig and replace any existing storm water pipe installed in ditches which are a part of the Village's MS4, the Village Administrator, after consultation with the Village Engineer or an engineering firm hired to perform engineering services on an annual basis for the Village, shall determine whether to replace such pipe or remove such pipe and return the affected area to a roadside ditch constructed in accordance with the Village Ordinances.
         (Ord. 2018-10. Passed 2-11-19.)