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 t...
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