(1) The Municipality may by notice require the owner or occupier of any land or building to cleanse, repair, cover, fill upon drain off a private well, tank, reservoir, pool, depression or excavation therein which may appear to the Municipality to be injurious to health or offensive to the neighborhood :
(2) Provided that the owner or occupier may require the Municipality to acquire at its expense, or otherwise provide, any land or rights in land necessary for the purpose of effecting drainage ordered under sub-section (1).