Loading...
HomeMy WebLinkAbout1995-OR-24.DRAFT AN ORDINANCE REQUIRING MAINTENANCE OF DRAINAGE DITCHES AND EASEMENTS BE IT ORDAINED by the Common Council of the City of Jeffersonville, Indiana that it is hereby declared a nuisance for any owner or occupant of any lot or parcel of real estate located within the City of Jeffersonville (the City), or any other person, to cause or permit a drainage dit,.ch or drainage easement to become overgrown, blocked, filled or occluded so as to become detrimental to public health or interfere with the free or comfortable use or enjoyment of any other real property. Any person or entity who causes or permits such a nuisance violates this ordinance. For good cause shown, after a hearing and a recommendation from the City Engineer, the City of Jeffersonville Board of Public Works and Safety (The Board) may grant permission for a drainage ditch to be relocated or temporarily blocked or filled to accomplish some useful purpose. Permission shall not be given by the Board if harm to the public will occur. Inspection. The City Engineer, or his designee, shall be entitled to enter onto lands within the City to inspect all drainage ditches and drainage easements to insure that the public health, safety and welfare is protected against a nuisance as described above. Notice To Abate. If the City Engineer determines that a drainage ditch or drainage easement has become or is overgrown, blocked, filled or occluded so as to cause a risk to the public health, safety and welfare the City Engineer shall send to the owner, by certified mail, to the last known address as revealed by the county real property tax duplicate records, a five (5) day written notice to abate the nuisance. Tax Lien. If the Owner or occupant fails to abate the nuisance as requested the City Engineer may have the Nuisance abated, whereupon the City Engineer shall prepare a certified statement of the actual costs incurred, which shall be delivered to the owner as outlined above. Thereafter, if the Owner or occupant of the property fails to pay the amount certified to the Clerk-Treasurer within ten (10) days after receiving the statement, a certified copy of the payment of costs shall be filed with the office of the Clark County Auditor whereupon the Auditor shall place the amount claimed on the tax duplicate against the property upon which such work was performed, and the amount thereof, when collected, shall be disbursed to the general fund of the City in the usual and customary manner. Penalties. Whoever violates this ordinance, or any provision of this ordinance, shall be fined a minimum of Twenty-five Dollars ($25) up to a maximum of Twenty-five Page 1 of 3 0 ©