(a) Removal of Watercourse Obstruction When Not Within an Easement or Right-of- Way.
(1) Council shall, by resolution, direct property owners to remove obstructions from culverts, drains, or private property, laid in any natural watercourse, creek, brook, branch, or drainage ditch not contained within an easement or right-of-way, and if necessary enlarge such culverts or covered drains to meet the requirements thereof.
(2) Following service of a copy of such resolution, or after publication thereof, in a newspaper of general circulation in the City, for two consecutive weeks, such owner, or his agent or attorney, shall comply with the direction of the resolution within the time therein specified.
(3) In the event of the failure or refusal of such property owner to comply with the resolution, the work required thereby may, at the discretion of Council, be done at the expense of the City and the amount of money so expended shall be recovered from the owner before any court of competent jurisdiction. Such expense from the time of the adoption of the resolution shall be a lien on such property, 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.
(b) Removal of Watercourse Obstructions When Within an Easement or Right-of Way.
(1) The City may, at the discretion of Council, remove all obstructions from culverts, drains, or private property, laid in any natural watercourse, creek, brook, branch, or drainage ditch contained within an easement or right-of-way, which obstructs the water naturally flowing therein, causing it to flow back or become stagnant, in a way prejudicial to the health, welfare or safety of any citizen of the City.
(2) In the event such culverts, drains, or watercourses are of insufficient capacity, the City may, at the discretion of Council, make them of such capacity as reasonable to accommodate the flow of such water at all times.
(Ord. 3-2000. Passed 2-22-00.)
(Ord. 3-2000. Passed 2-22-00.)