§ 14-34. Emergency powers of township.

(a)

During a flood, or at any time during the threat of a flooding condition, the township may, if it determines that the conditions imperil the health, safety, welfare, and property of the inhabitants of the township, take whatever precautions it determines are necessary to ensure the integrity of any public or private dike, and the township is hereby declared exempt from strict conformance with the requirements of this article. The township supervisor shall have the authority and the responsibility for carrying out whatever precautions are deemed necessary to ensure the integrity of any public or private dike. The costs for such repairs shall be paid out of the emergency revolving fund, from which the supervisor has the authority to expend funds to control emergency conditions which threaten the health, safety, and welfare of the inhabitants of the township. When the flood subsides, or there is no further danger of flooding, and within five days of any repairs made, pursuant to the provisions of this section, the township shall notify the property owner of the action taken by the township and may, thereafter, require the property owner to repair the dike under preexisting maintenance repairs or to make application to the dike review commission for necessary repairs, and the property owner shall comply with the requirements of this article for new dikes. The property owner shall be required to make application for a dike ordinance compliance permit within 15 days from the receipt of the notice as required in this article.

(b)

Should the temporary repairs undertaken by the township be acceptable to the township and the property owner as completed, the owner shall notify the township of his acceptance in writing, and thereafter all costs for these and future repairs and/or maintenance shall become the sole responsibility of the property owner. Cost of all repairs on any private dike made by the township shall be paid to the township by the property owner on or before September 30 of the year in which the repairs are made. Otherwise the township shall place any unpaid costs as of September 30 of any given year, on the property owner's tax bill.

(Ord. No. 108, § 20, 12-30-1997)