521.05 DRAINING, FILLING, AND REMOVAL OF OBSTRUCTIONS AND PUTRID SUBSTANCES.
   (a)   No person shall fail to fill or drain any lot or land within the City on which water at any time becomes stagnant.
   (b)   No person shall fail to remove all putrid substances from any lot.
   (c)   No person shall fail to remove all obstructions from culverts, covered drains, or private property, laid in any natural watercourse, creek, brook, or branch, which obstructs the water naturally flowing therein.
   (d)   No person shall knowingly obstruct any existing ditch, drain, swale, watercourse, creek, brook, branch, or sewer.
   (e)   Removal of Obstruction, Filling.
      (1)   The Director of Public Service, upon learning of a violation of this section, shall notify the property owner of record by personal service, or by certified mail to the address utilized by the county for the collection of taxes directing that the obstruction be removed or the violation be cured within a time reasonable for the conditions.
      (2)   In the event the property owner fails to comply with the order of the Director of Public Service, Council may, by ordinance, direct the owner to comply with this section. Such ordinance shall be published in a newspaper of general circulation in the municipality for two consecutive weeks.
      (3)   In the event that the property owner fails to comply with the ordinance within the time specified, the City may proceed to perform the work required.
      (4)   All costs incurred by the City, including administrative costs, shall be certified by the appropriate auditor or fiscal officer and shall be taxed as a lien against the property.
      (5)   Violations of this section shall constitute a nuisance and shall be subject to both civil and criminal penalties.
   (f)   Whoever violates this section is guilty of a misdemeanor of the fourth degree. Each day a violation occurs shall be deemed a separate offense.
(Ord. 92-2011. Passed 10-26-11.)