Whenever the Superintendent of Service and Properties or his agent finds that there has been placed in any roadside ditch any drainage tile or drainage pipe of a kind or dimension other than those provided in this chapter, and that the same is causing the ditch to fail to function in the manner and for the purpose for which it exists, or because of the failure of such pipe or tile to conform to the specifications of this chapter, or because the same has become broken or displaced, or because the same has not been properly installed, or because the same has been allowed to become blocked or otherwise obstructed, or if he finds that such ditch is likely to fail to function in the manner and for the purposes for which it exists, he shall promptly serve personally or by registered mail, with return receipt requested, notice upon the owner of the lot or parcel of land upon which such ditch bounds and abuts, stating his findings, and ordering the owner to take such steps as may reasonably be necessary to correct the situation which may exist, and to cause the ditch to function properly. In the event that the owner of the lot or parcel of land bounding and abutting upon such ditch is unknown, or his place of residence cannot be ascertained, notice of the finding of the Superintendent of Service and Properties or his agent and of orders with respect to such drainage ditch shall be published once a week for two consecutive weeks in a newspaper of general circulation in the Municipality. In the event that within five days after receipt of such notice, or completion of such publication as herein provided, the owner of such lot or parcel of land does not comply with the order of the Superintendent or his agent, the Superintendent or his agent may enter upon such lot or parcel of land, remove the drainage pipe or drainage tile found by him to be of a kind or dimension other than in this chapter provided, or remove such obstruction in the drainage ditch, and install therein a pipe conforming to the requirements of this chapter. He shall thereafter report to Council the costs incurred by him in performing such work, and the Director of Finance shall certify such cost to the Auditor of Cuyahoga County, to be placed on the tax duplicate of the lot or parcel of land bounding and abutting upon such drainage ditch, to be collected as other special assessments are collected.
(Ord. 1952-21. Passed 2-18-52.)
(Ord. 1952-21. Passed 2-18-52.)