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CITY OF MUNROE FALLS CODIFIED ORDINANCES 

Jack Morrison, Jr.

City Law Director

Mr. Morrison holds regular office hours at the City Hall on Thursday mornings. Please feel free to call City Hall during the Law Director's business hours to speak directly to Mr. Morrison. 

Surface Water Drainage Law Information From The City Law Director 

The City has been inundated with requests for information and complaints about surface water drainage. We have received calls regarding everything from neighbors draining downspouts into another neighbors yard to basements being flooded with raw sewage.

In an effort to provide all residents with the most up-to-date information, the City Law Director, Jack Morrison, has put together a comprehensive answer to the most frequently asked questions:

•  What is the law in Ohio with regard to surface water drainage and the Citys ability to address the issue or enter private property?
•  What are landowners rights and obligation to their neighboring landowners relative to surface water?

Mr. Morrisons answer is, based on Ohio statutory law, the City has a very limited ability to enter private property to remove an obstruction to prevent drainage problems. The City does not have an affirmative duty to do so. The City may issue a resolution that directs the landowner to clear the problem, and if the landowner fails or refuses to do so, then the city may do the work and charge it back to the landowner. Again, there is no affirmative duty on the part of the City to perform the work. The landowner is required by city ordinance (law) to follow the resolution or be guilty of a minor misdemeanor, which will include a financial penalty.

The rights and obligations of a landowner to other landowners with regard to drainage have been established through case law. The Ohio Supreme Court has indicated that Ohio courts will apply a "reasonable use" analysis. Each case will decided based on the facts of that particular case. This is because there are infinite variations to the causation of a drainage issue. The Ohio Supreme court stated that the landowner is not unqualifiedly privileged to deal with surface water as he pleases, nor absolutely prohibited from interfering with the natural flow of surface waters. Each landowner has the legal right to make a reasonable use of his land; however, the landowner incurs liability when his harmful interference with the flow of surface water is unreasonable and causes damage to other landowners.

Therefore, overall the City of Munroe Falls is not responsible for drainage problems commencing from private land. Private landowners have the right to proceed against fellow landowners in court for the unreasonable interference with the flow of surface water.

If you have any questions or concerns, you may call the Law Director on Thursday mornings at City Hall (330)688-7491.