the same with the clerk of the corporation, within such time as the council may direct. [66 v. 254, § 619.] Ch. 4. Notice of assessment to SEC. 126. After the report is filed, the council shall cause not less than ten days' notice to be given, in some newspa per of general circulation in the corporation, setting forth be published. the object of such assessment, and that the same will come before the council for confirmation at a time to be specified in the notice. [66 v. 254, § 620.] SEC. 127. Objections to the assessment shall be in writing, and filed with [the] clerk within two weeks after the expiration of the notice; and persons objecting may be heard before the council at the time specified in the notice. [66 v. 254, § 621.] SEC. 128. The council may set aside the assessment on its own motion, or may, after hearing objections, confirm the same, or set it aside. [66 v. 254, § 622.J SEC. 129. If the council set aside the first or any other assessment, it may appoint other assessors, possessing the same qualifications as herein before provided, and cause new assessments to be made; and the proceedings shall be the same as are provided for in the first assessment. [66 v. 254, § 623] SEC. 130. In confirming any assessment, the council may correct errors in description of any lots or lands made by the assessors. [66 v. 254, § 624.] SEC. 131. After making an assessment for main or local sewerage according to valuation, or according to feet front, or after the confirmation of any assessment for main or local sewerage according to benefits, the council may order such percentage of the assessment for main sewerage as may be necessary to pay the estimated cost of such portion of any main sewer, as provided for in this subdivision, which it may determine to construct, together with the total assessment for local sewerage for such portion of any main sewer, whether the assessment be by valuation, by benefits, or by the feet front to be certified to the auditor of the county in which the corporation is situated, to be placed on the tax list, and collected as other taxes. [66 v. 254, § 625.] SEC. 132. All assessments made under the provisions of this subdivision shall be liens on the lots or lands assessed; they shall be transferable, and may be collected against the owners personally, or by enforcement of the lien upon the property subject thereto; and proceedings for the recovery of the assessments, or the enforcement of the lien, shall be as directed in the preceding subdivisions of this chapter. [66 v. 254, §§ 626, 627.] SEC. 133. When a sewer district is set off, or established, the main sewer of which is a continuation of, or drain through or into the main sewer of any other district, the council, in providing for assessing the cost and expenses of the main sewer in such new sewer district, may provide for assessing upon the lots and lands therein such proportion as they shall Filing of objection to assessment. Action of council thereon. New assessment pro vided toɛ. Errors to be corrected. Order to county auditor to place assessment on duplicate. Assessment to be a lien on lands, etc. Assessments in new sewer districts. Div. 7. Subdivision of main sewer districts. Assessments determine to be just, of the cost and expenses of constructing any unconstructed part of the main sewer in the district through which the new main sewer drains; which assessment, when the proportion thereof is determined, shall be made in the manner that other assessments are herein directed to be made. 166 v. 255, § 628 J SEC. 134. The council shall have power to subdivide any main sewer district into sub main sewer districts, or lateral or branch sewer districts, in the manner in which the establishment of main sewer districts is provided for; lay out and construct in such sub-main, or lateral or branch sewer districts, sub-main, lateral, or branch sewers having a common outlet into a main sewer; and assess and collect the cost of such construction upon the lots and lands in such sub main, or lateral, or branch sewer district, in all respects, as directed in this subdivision for the assessment and collection of the cost of constructing main sewers. [66 v. 255, § 629.] SEC. 135. If the council determine to build only a porpro rata, etc. tion of the sewer or sewers in such sub main, lateral, or branch sewer districts, it shall be lawful in such case to levy and assess the pro rata cost of constructing the whole of the sewer or sewers in such districts upon the lots or parcels of lands bounding or abutting upon the streets or public highways through or by which the portion of such sewer or sewers may be constructed; and the excess in the cost of the sewer or sewers so built, above the estimated pro rata cost for the who e district, shall be levied and assessed pro rata u pon all the lots or parcels of land bounding or abutting upon the streets or public highways in such districts in which the sewer or sewers are not at that time completed. [66 v. 255, § 630.] Construction of branch or local sewers. Proceedings therefor. SEC. 136. The council may provide for the construction of branch or local sewers within any street, or other public ground, within the corporation, wherein a main sewer is not established or built, which local sewers shall connect with a main sewer convenient thereto, as the council may direct; and if the corporation is laid off into districts, the connection shall be with a main sewer in the district wherein the local sewers are constructed; but no sewer shall be considered local, except such as are intended for and used exclusively for the drainage and accommodation of lots abutting thereon. [66 v. 255, § 631.] SEC. 137. Proceedings for the establishment and construction of local sewers, as provided in the preceding section, and for the assessment and collection of the cost and expenses thereof shall be as directed in the previous sections of this subdivision regulating the establishment and construction of local sewers and connection with main sewers. [66 v. 255, § 632.] SEC. 138. If any division or subdivision of lots or lands assessed for sewerage purposes occur after the first assessment has been made and confirmed, the council may require Div. 7. Assessments-Sewers. Ch. 4. Division of first assessment. the assessors herein before mentioned, or such other assessors as it shali select, to apportion the original amount assessed lots after upon the several parts of lots or lands so divided, whose report, when confirmed by the council, shall be conclusive upon all parties; and all assessments thereafter made upon such lots or lands shall be according to such division, and collected in the same manner as upon the original assessment. [66 v. 255, § 633.] nections and branches. SEC. 139. The council, upon the recommendation of the House conboard, may provide for the construction of proper house connections and branches leading into all main or branch sewers, and for the assessment of the cost and expense thereof upon the lots or parcels of land for the accommodation of which such connections and branches may be constructed; but in no case, except as a sanitary measure, shall the council require such house connections to be built further from the sewer, than to the inner line of the curbstone of the street or highway in which the same are constructed. [66 v. 256, § 634.] SEC. 140. When an improvement provided for in the preceding section has been made, and the assessment therefor has not previously been ordered, the council shall pass an ordinance assessing the cost thereof upon the lots or parcels of ground for the accommodation of which such improvement was made; and by such ordinance it shall be declared within what time the assessment shall be paid into the treasury. [66 v. 256, § 635.] SEC. 141. Parties owning property abutting upon a street or public highway, in or through which a public sewer or drain is constructed, shall have the privilege of tapping and using such sewer or drain for the purpose of draining their premises, under such rules and regulations as may be prescribed by the board; and the council may, by ordinance, require persons contracting to build such house connections to procure a license from the board, and may charge therefor such sum as may be deemed just. [66 v. 256, § 636.] Cost of branch sewers-how assessed. Tapping sewers for private use. SEC. 142. The council of any city or village shall also Ditches for have power to provide for the construction of ditches for, drainage. necessary drainage within the corporation, under the restrictions and regulations, so far as applicable, contained in this subdivision. [66 v. 256, § 637.] SEC. 143. The council may, whenever it is deemed necessary, provide for the repair or reconstruction of any sewer, ditch, or drain; and the proceedings for that purpose shall be the same, so far as applicable, as are herein required for the original construction thereof. [66 v. 256, § 638.] SEC. 144. In a city in which a system or plan of drainage has been adopted by competent municipal authority, and completed, any private owner or occupant of real estate contiguous to any part of such system or plan, who reasonably provides for carrying off all the surface or accumulated water upon such real estate into the completed system or plan, Repairs of sewers, ditches, etc. Surface drainage; non-liability of land own ers for damages in certain cases. Div. 7. Board of to have control of sewers, etc., in Cincin and maintains in proper order the means so provided, shall not be liable, while he keeps up and maintains such means of drainage, to an action by a neighboring owner or occupant of real estate, for water that may flow against, upon, or over his real estate, or injure the same, or the property thereon, after the same has been so discharged into such system or plan of drainage. [70 v. 292.] SEC. 145. In cities of the first grade of the first class, the public works powers and duties devolved upon the board of improvements or commissioners of sewers, in this chapter, shall be performed by the board of public works provided for in chapter two of this division, when not inconsistent with the provisions of that chapter; and in such city there shall be no board of improvements or board of commissioners of sewers. [73 v. 44, § 5.] nati. EIGHTH DIVISION: PROPERTY OF THE COR- CHAPTER 15. LICENSES, AND HEREIN OF SHOWS, AUCTIONEERS, CHAPTER 16. LEASE OR Sale of CORPORATE PROPERTY. CHAPTER 17. INJURIES RESULTING FROM AGES. EXCAVATIONS-DAM General power of council as to land, etc., for waterworks. water works. SECTION 1. The council of a city or village shall have power to take possession of any land obtained for the construction or extension of water-works, reservoirs, or the laying down of pipe, and also any water rights or easements connected with the use of water; and any land, water right, or easement so taken possession of for water-works purposes shall not be used for any other purpose, except by authority of the trustees and consent of the council. [66 v. 205, § 334.] SEC. 2. The council of any city or village in which water- Trustees of works are situated, or in progress of construction, or when it orders water-works to be constructed, shall establish a board of three trustees, to be known as the trustees of the waterworks, who shall be elected by the electors of the corporation, and hold their office for the term of three years, except that at the first election under this chapter, one shall be chosen for one year, one for two years, and one for three years; and thereafter one of the trustees shall be elected annually: provided, that in cities of the first grade of the first class there shall be no board of trustees of water-works, but the duties of such trustees are devolved on the board of public works mentioned in chapter two of the seventh division of this title, which board of public works shall have all the powers and perform all the duties required of the board of trustees in this chapter. [67 v. 76, § 335; 73 v. 43, §§ 5, 16.] |