[R.O. 2011 §8.36.010; Code 1950 §803.1; Prior Code
§26-1; Ord. No. 4598 §1]
It is unlawful to excavate any street within the City without first having submitted plans and specifications to the Director of Public Works and Parks and receiving a permit from the Director of Public Works and Parks, and except the same be done under the supervision and direction of the Director of Public Works and Parks. At the time of applying for the permit herein provided for, the applicant shall deposit with the Director of Public Works and Parks a bond or cash as provided in Section 505.170 of this Code for street use permits.
[R.O. 2011 §8.36.020; Code 1950 §603.19; Prior
Code §26-2; Ord. No. 4598 §1]
No person shall in the City deposit or throw into any sewer
inlet or privy vault which has a sewer connection any article whatever
that may cause the sewer to choke up or otherwise create a nuisance.
[R.O. 2011 §8.36.040; Prior Code §26-4; Ord. No. 4598 §1]
Improperly sealed sewers located on public and private properties
are declared a nuisance.
[R.O. 2011 §8.36.050; Prior Code §26-5; Ord. No. 4598 §1]
Every owner, lessee or occupant or the representative thereof
shall cause the private storm and sanitary sewers serving their respective
property to be maintained, and in such a manner as to prevent erosion
to adjacent grounds.
[R.O. 2011 §8.36.060; Prior Code §26-6; Ord. No. 4598 §1; Ord. No. 6192, 1999]
A.
Whenever the Director of Public Works and Parks ascertains that a sewer is in violation of Section 245.040, the Director of Public Works and Parks shall cause a notice to be directed to the owner or persons in control of such land or upon which a violation occurs. Such violation shall be corrected within thirty (30) days after the notification.
B.
Whenever the Director of Public Works and Parks ascertains that the sewer is in violation of Section 245.030, he/she shall cause a notice to be directed to the owner or other person in control of such a lot or land that the violation must be corrected and such work shall begin within twenty-one (21) days after such notice is served and completed within thirty (30) days. The notice to the owner or other person in control of such lot or land shall be served in any one (1) of the following ways:
1.
By causing
such notice to be delivered to such owner, agent, occupant or other
person in control either in the City or elsewhere;
2.
By posting
a copy of such notice on the lot or land in question. Such notice
shall be deemed as served at the end of twenty-four (24) hours after
the posting thereof;
3.
By mailing
such notice or copy thereof enclosed in a sealed envelope, postage
free paid directed to such owner or such persons in control of such
land, either at the owner's place of business or residence address
in the City or elsewhere. Such notice shall be deemed served twenty-four
(24) hours after the mailing of the notice. In case it is directed
to the business or residence of the owner or other person in control
of such land in this City (provided that if the owner or owners or
other persons in control of this land be non-residents and have no
business address or office in the City), then the notice shall be
deemed served at the end of such period after the mailing thereof
as the ordinary course of transmission of mail of the United States
Government would be required for the receipt of any such notice by
the owner or owners or such persons in control of such land at their
place of residence or business.
[R.O. 2011 §8.36.070; Prior Code §26-7; Ord. No. 4598 §1]
If the owner or other persons in control of any lot or land fail to comply with such notice, the Director of Public Works and Parks shall cause such sewer to be repaired and maintained by one (1) of the methods set forth in Section 245.040. The Director of Public Works and Parks shall have the right to enter upon property on which sewer violation occurs with the purpose of abating nuisance and may use any suitable means or assistance for the purpose of repairing or maintaining such sewer either by employees of the City or by contract with some responsible person.
[R.O. 2011 §8.36.080; Prior Code §26-8; Ord. No. 4598 §1]
The Director of Public Works and Parks shall keep an accurate
account of the cost of repairing or maintaining such sewer and shall
certify the same to the Director of Finance who shall cause a special
tax bill against the property from which such sewer was repaired to
be issued and collected with other taxes assessed against such property.
The tax bill, from the date of its issuance, shall be a first (1st)
lien upon such property until paid and shall be a prima facie evidence
of the recitals therein contained and of its validity and no mere
clerical error or informality in the same or in the proceedings leading
up to the issuance thereof shall be a defense thereto. As part of
the cost of repairing or maintaining such sewer, each special tax
bill shall include a charge of twenty dollars ($20.00) for inspecting
the premises and a further charge of six dollars ($6.00) for computing,
making, certifying and recording the bill. Each special tax bill shall
bear interest at the rate of eight percent (8%) per annum beginning
thirty (30) days after the date of its issuance.
