Kasch v. City of Akron

Citations

• 100 Ohio St. (N.S.) 229

Syllabus

<p>Municipal corporations — Assessments — Section 3812, General Code — Provisions for resolution of necessity mandatory, when — Plans, specifications, estimates, etc., to be filed, when — Authority to abate nuisance and assess cost thereof — Sewers — Sanitary and. surface-water — .Authority to construct on private property.</p> <p>1. Where it is proposed by 'the council of a municipality to levy and collect special assessments for any part of the cost and expenses connected with or made for changing the channel of, or narrowing, widening, dredging, deepening gr improving any stream of water or watercourse, under the provisions of Section 3812, General Code, the further provision of that section requiring the council to declare that such improvement will be conducive to the public health, convenience or welfare is mandatory.</p> <p>2. It is essential to the validity of proceedings ordering an improvement authorized by Section 3812, General Code, that plans, specifications, estimates and profiles of the proposed improvement shall be on file in the office of the director of public service in cities, or the clerk in villages, at the time of the passage of the resolution declaring such improvement necessary.</p> <p>3. Where, through no fault of the city, the owner of private premises permits stagnant water to be and remain upon his land, thereby endangering the public health, a municipality has the authority to order and direct such private proprietor to abate the nuisance on 'his own land, and upon bis failure to do so may enter upon the premises and abate such nuisance and assess the cost thereof against the land. (Bliss et al. v. Kraus, 16 Ohio St., 54, approved and followed.)</p> <p>4. A municipality has no authority to enter upon private property for the purpose of constructing a permanent sanitary and surface-water sewer thereon, which, when constructed, will become public property and a part of the sewer system of the city, without first making compensation to the