Upon notification by the Director of Inspections, any owner of real property who causes or permits the removal of topsoil or loam from his real property in violation of Section 1367.07 shall immediately cause the grade to be restored as it was before the removal of such soil with such fill as is specified by the Director of Engineering. The notice by the Director of Inspections shall specify that the owner shall cause the land to be restored to its original grade within thirty days of the notice in accordance with sound engineering standards as required by the Director of Engineering.
If the owner fails or refuses to restore his real property to the original grade as specified herein, then in addition to the other penalties prescribed in this chapter, Council may, by resolution, direct the owner to fill or drain such land or remove stagnant water or such obstructions as may impair the natural flow of water therefrom.
After service of a copy of such resolution by the Clerk of Council, or after publication thereof in a newspaper of general circulation within the City for two consecutive weeks, such owner or his agent or attorney shall comply with the directions of the resolution within the time therein specified.
In case of the failure or refusal of such owner to comply with the resolution, the work required thereby may be done at the expense of the City and the amount of money so expended shall be recovered from the owner in any court of competent jurisdiction. Such expense from the date of the adoption of the resolution shall be a lien upon such land, which may be enforced by a suit in a court of common pleas as set forth in Ohio R.C. 715.47.
(Ord. 1975-179. Passed 12-18-75.)