A. The city council shall have the power to require the owner or lessee of any lot, portion of a lot, or tract of ground extending into, across or bordering on any hollow or ravine which constitutes a drain for surface water, or a watercourse of any kind, who shall, by grading or filling such lot, portion of a lot or tract of ground, obstruct the ordinary flow of water through such ravine or watercourse, to build or construct, to the extent of the lot or filling, such a drain or passageway for water as the city council may by resolution designate.
B. In all cases where the owner or lessee of any lot, portion of a lot or tract of ground extending into, across or bordering on any hollow or ravine which constitutes a drain for surface water or watercourse of any kind, shall, without constructing a suitable drain, fill or grade the lot, portion of a lot or tract of ground so as to obstruct the flow of water through such watercourse and cause the water to accumulate on any street, alley, public place or private lot or ground, he shall be deemed guilty of maintaining a nuisance which may be abated by the city, and on conviction thereof he may also be punished as provided in the general penalty in section 1-3-1 of this code.
C. In addition to the penalties provided in the general penalty in section 1-3-1 of this code, in case the owner or lessee shall grade or fill any lot, part of a lot or tract of ground, extending into, across or bordering on, any hollow or ravine so as to obstruct the flow of water, the city council shall have power, by resolution, to order the owner or lessee to construct such a drain as the city council shall order, and within the time to be designated by the city council; and upon such an order being made, it shall be the duty of the street commissioner to so notify the owner or lessee in writing, and if the owner or lessee shall fail or refuse to construct the drain within the time and manner required, the street commissioner shall at once proceed to build the drain, and report the expense thereof, with all costs arising therefrom, to the city council, whereupon the city council may, by resolution, levy and assess the expenses as a special tax upon the property so drained as provided for the assessment and collection of special assessments. (Rev. Ord. 1129, Comp. 1941, p. D-4)