Whenever the Director of Public Service or the City Engineer, upon the exercise of his discretion, finds that a public right of way in the City contains a historically existing culvert pipe which does not accommodate the flow of water or which is in such a state of disrepair as to obstruct the flow of water, the same shall be reported to Council, which may adopt a resolution under Ohio R.C. 715.47. The resolution shall notify the owner to replace the improper or obstructed culvert pipe with the City supplying labor to install the same. Failing, that the City shall, two weeks after the receipt of the notice by the owner, cause the culvert pipe to be installed assessing to the owner of the adjoining benefited premises only the cost of the culvert pipe, at the cost of the appropriate replacement size and length required, with labor therefor assumed by the City. Any benefited property owner may execute a waiver of the procedure and authorize immediate installation by the City at the owner's cost. The amount of culvert assessment herein shall be at competitive bid prices quoted to the City from time to time. This section shall not be applicable to newly or recently developed lots and lands or to new subdivisions or developments adjoining public thoroughfares. Council's determination thereof shall be conclusive.
(Ord. 1998-66. Passed 4-9-98.)