1028.08  REPLACEMENT OF DRIVEWAY CULVERTS; EMERGENCIES.
   (a)   When the Director of Public Service determines that a driveway culvert upon land in the City has been damaged or is otherwise inoperable, he or she shall cause a written notice to be served upon the owner, lessee, agent or tenant having charge of such land, notifying him or her that such culvert is inoperable and that such condition must be remedied within thirty days from such notice. When replacement of the culvert is prescribed, such person having charge of the land shall comply with Sections 1028.06 and 1028.07.  If the owner or other person having charge of such land is a nonresident whose address is known, such notice shall be sent to his or her address by certified or registered mail. If the address of such owner is unknown, it shall be sufficient to publish such notice once in a newspaper of general circulation in the County. If any service is attempted by certified or registered mail and is returned unclaimed, service shall be deemed complete upon regular mailing to the same address. Any notice herein may be served personally upon the person in control of such land, and a return of service made, by any person duly authorized to do so by order of the Director of Public Service.
   (b)   If the owner, lessee, agent or tenant having control of the land mentioned above fails to comply with the notice specified above, the Director of Public Service shall cause such inoperable culvert to be made operable and may purchase any necessary material and employ any necessary labor to perform the task. All expenses incurred shall be paid out of any money in the Treasury of the Municipality not otherwise appropriated, subject to compliance with all other applicable laws governing the purchase of supplies and the provision of labor in the Department of Public Service.
   (c)   The Director of Public Service shall make a written return to the County Auditor of his or her actions under the above sections, with a statement of the charges for the costs incurred by the City. Such amounts shall be entered upon the tax duplicate, shall be a lien upon such lands from the date of entry and shall be collected as other taxes and returned to the City with the General Fund.
   (d)   In an emergency situation where the Director of Public Service determines time is of the essence for the opening of an existing ditch, drain or swale, the Director of Public Service may replace a driveway culvert that is impeding the free passage of water. The owner, lessee, agent or tenant having control of the land shall be responsible for the replacement and permit costs of an emergency-replaced driveway culvert. If the charges for the costs are not paid within 30 days, such amounts shall be entered upon the tax duplicate. These costs shall be a lien upon such lands from the date of entry and shall be collected as other taxes and returned to the City with the General Fund.
(Ord. 79-2004. Passed 6-28-04; Ord. 45-4005. Passed 6-27-05.)