(a) No person shall fail to comply with the following requirements within the lawful time after service or publication of the notice or resolution is made as required by law: To fill or drain any lot or land or remove all putrid substances therefrom, or remove all obstructions from culverts, covered drains or natural watercourses as provided in Ohio R.C. 715.47.
(b) Property owner or occupant shall maintain all existing culverts in good order and repair and of sufficient size and capacity as determined by the City Engineer.
(c) The Building Commissioner, upon the advice of the City Engineer, shall serve upon any person who has committed any act prohibited by subsection (a) or (b) hereof, a notice that such person has violated the provisions of this section, which notice shall set forth in detail the manner of the violation. Such notice shall be sufficiently served if it is mailed by certified mail to the usual place of residence or the usual place of business of the offender or, if a corporation, to its usual place of business. The offender shall be allowed ten days from the day on which the notice is placed in the mail to take all necessary measures to cease the violation and in all respects to restore circumstances as they existed prior to the violation.
(d) Upon failure to comply within the prescribed ten-day period, the Building Commissioner shall cause the violation to be immediately corrected, including but not limited to the installation of a new culvert by the direct employment of labor or by the municipal employees and shall thereafter give notice to the owner of such parcel by certified mail at his or her tax mailing address or by posting a notice on the parcel to pay the costs of materials and supplies, which notice shall be accompanied by a statement of the amount of cost incurred. If such statement is not paid within 30 days after the mailing of such notice, then a collection cost of seventy dollars ($70.00) shall be added thereto, and such amount shall be certified to the County Auditor for collection in the same manner as other taxes and assessments are collected. The remedy provided for herein shall be in addition to the penalty provided for in subsection (e).
(e) Whoever violates this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty shall be as provided in Section 698.02.
(Ord. 14-91. Passed 7-15-14.)