(a) Whenever the Village Manager or Deputy Service Director finds that within a tract or parcel of land there is an obstruction to a culvert, covered drain, or other natural or manmade watercourse that interferes with water naturally flowing therein or that such culvert, drain or watercourse is of insufficient capacity to reasonably accommodate the flow of water, or that a condition which alters, impairs, reduces, restricts, or otherwise damages any part of the stormwater system or which may do so in the event of a severe rainstorm event constitutes a public hazard or nuisance, the Village Manager or Deputy Service Director shall notify the owner or person having possession, charge, or management of such land to remove the obstruction or provide the necessary drainage. Such notice shall be served on such persons by personal delivery, by mail at the last known place of residence, or by posting on the premises. The owner must comply with the Village's orders within the time specified, not to exceed thirty days. Where the condition described exists for more than thirty days after service of notice, Council may by resolution direct the owner to fill or drain such land, remove any obstruction, and if necessary enlarge the culverts, drains, or watercourse to meet the requirements of this code. After service of a copy of such resolution or after publication in a paper of general circulation in the Village for two consecutive weeks, the owner, or his agent, shall comply with Council's resolution, the utility shall perform the required work and charge the owner the abatement costs. If the property owner fails to pay the same within thirty days after notice of the amount of the expense, Council shall certify the same to be place upon the tax duplicate and collected as other taxes are collected according to law.
(b) Emergencies and Abatement. In case of an emergency, the Village Manager may direct that action be taken immediately to correct the condition or abate the activity to protect public health, safety, and welfare. The utility may perform the required work and charge the owner the abatement costs.
(Ord. 41-05. Passed 11-29-05.)