943.12 STORMWATER DRAINAGE SYSTEM CORRECTIONS.
   (a)    Notice to Correct Stormwater Drainage System Appurtenances. Whenever the Village Engineer or Service Director finds that within a tract or parcel of land there is an obstruction to a culvert, covered drain, or other natural or man-made 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 Engineer or Service Director or his/her duly authorized representative 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 Engineer or Service Director’s orders within the time specified, not to exceed thirty (30) days, unless prior to the time specified, the order is reversed or modified on appeal to the Mayor. Whoever fails to comply with such order shall be guilty of a minor misdemeanor per Chapter 943.99. Each and every day thereafter during which the owner fails to carry out the order of the Village Engineer or Service Director or his/her duly authorized representative, shall constitute a separate offense.
   (b)   Emergencies and Abatement. In case of an emergency, the Mayor 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.
   In any case, where a condition described in Section 943.12 exists for more than thirty (30) 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 (30) days after notice of the amount of the expense, the Clerk-Treasurer shall certify the same to the Summit County Fiscal Officer to be placed upon the tax duplicate and collected as other taxes are collected according to law.
(Ord. 95-2003. Passed 12-1-03.)