Title
AN ORDINANCE AMENDING SECTION 660.22, “OBSTRUCTING SEWERS AND WATERCOURSES”, OF THE GENERAL OFFENSES CODE AND DECLARING AN EMERGENCY.
Brief Description: This ordinance amendment would update the City’s General Offenses Code at Section 660.22, “Obstructing Sewers and Watercourses” to better protect private property owners and public infrastructure from flooding and diversion of storm water caused by adjacent property owners.
Body
Legislative History
Original Ordinance No. 58-40 adopted ⸹660.22 on 5/20/1958.
Purpose & Explanation
In December 2021, City Council identified a desire to evaluate and update the City’s policy for storm water related work, and to resolve large drainage issues on residential private property. As a result, an Ad Hoc Storm Water Committee, which included both City Council members and City staff, was appointed to review and update the policy.
During the Ad Hoc Committee discussions, the group identified that improvements to Codified Ordinance 660.22 “Obstructing Sewers and Watercourses” were needed to better address and resolve obstruction of water courses that affect both private and public property as the current ordinance only addresses impacts that affect public streets or highways.
This ordinance is a criminal ordinance and is enforced through a citation/criminal complaint filed by the City Prosecutor in municipal court. The City’s Special Counsel has advised that the former penalty of a minor misdemeanor (up to a $150 fine) established when the ordinance was adopted in 1958 should be increased to at least a 3rd degree misdemeanor (up to 60 days in jail and/or $500 fine).
If the criminal penalty does not persuade the violator to correct the violation, the City has the right to seek an injunction in the Summit County Common Pleas Court to force compliance. Also, if the violation creates a public nuisance, the City can demand that the violator correct the violation and if the violation is not corrected, the City can correct the violation and invoice the violator for the cost to correct. If the violator does not pay the invoice, the City can place the expense to correct, and any attorney fees related thereto, upon the property’s tax duplicate for collection with real estate taxes.
The amended ordinance now includes language that allows the City to better address obstructions to any ditch, drain, storm sewer or water course within any real property.
Legal Authority for Proposed Legislation
Pursuant to Charter Section 6.04, Contracts & Purchasing:
Competitively bid and advertised for two consecutive weeks; bid tab attached: [Yes/No/NA])
Joint or Cooperative Purchase Program
Professional Services
X Other
Fiscal Impact
Currently Budgeted (Account #, $)
Supplemental Appropriation Required (Account #, $)
X Appropriation Not Required
Does this legislation require use of an emergency clause?
X Yes
No
Recommendation
Suggested Action
Staff recommends adoption of the revised Section 660.22. An emergency enactment of this ordinance can certainly be justified in order to address possible immediate threats to the health, safety and general welfare of persons, property, and public infrastructure due to flooding and adjacent property owners’ diversion of storm water.
Submitted by,
Thomas J. Sheridan, Interim City Manager
Bradley S. Kosco, PE, PS, City Engineer