City Code: 1040:0

Section 1040 - Lowlands, Stagnant Water, Fill and Drain

Section 1040:00. Low Places Prohibited. No person shall cause or permit low ground where water is liable to collect and become stagnant to exist within the corporate limits of this municipality.

Section 1040:05. Investigation and Report. Upon being notified as to the existence of such low ground, the Council may refer such matter to the City Engineer for an investigation and report on such condition, its cause, if known, and as to whether such condition constitutes a hazard. Whereupon he shall cause an investigation thereof to be made and shall file report with the Council of the condition, including a description of the property involved and the name or names of the persons owning such property.

Section 1040:10. Notice to Fill or Drain. Upon receipt of such report from the City Engineer by the Council, and if it appears to the Council that such low condition does exist and water is liable to collect therein and become stagnant, are that the same constitutes a hazard, the Council shall cause the Clerk-Treasurer to give written notice to the owner or owners of such land that such owner or owners shall, within thirty (30) days of the receipt of such notice, drain or fill such low place.

Section 1040:15. Work to be Done by Municipality. Whenever the notice provided for in Section 1040:10 is not complied with, the Council may, by resolution, direct the filling or draining of such low place, as the case may be. The cost of such work shall be paid initially from the General Fund and then assessed by the Council against the property benefited. If the assessment is not paid to the Clerk-Treasurer within thirty (30) days after the Clerk-Treasurer has mailed written notice to the owner of the property so benefited, the Clerk-Treasurer shall certify the amount of the assessment to the County Auditor for collection in the same manner as other special assessments.

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