§ 14-125-508 — Enforcement

(a) Where the directors of any district shall find that any of the provisions of land-use regulations prescribed in an ordinance adopted in accordance with the provisions of §§ 14-125-501 - 14-125-507 and 14-125-509 are not being observed on particular lands and that the nonobservance tends to increase erosion on the lands and interferes with the prevention or control of erosion on other lands within the district, the directors may present to the chancery court for the county or counties within which the lands of the defendant may lie, a petition, duly verified, setting forth the adoption of the ordinance prescribing land-use regulations, the failure of the defendant landowner to observe the regulations and to perform particular work, operations, or avoidances as required thereby, and that such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, praying the court to require the defendant to perform the work, operations, or avoidances within a reasonable time, and to order that if the defendant shall fail so to perform, the directors may go on the land, perform the work or other operations, or otherwise bring the condition of the lands into conformity with the requirements of the regulations and recover the costs and expenses thereof, with interest, from the owner of the land. (b) Upon the presentation of the petition, the court shall cause process to be issued against the defendant and shall hear the case. (c) If it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take the evidence as it may direct and report the evidence to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. (d) The court may dismiss the petition, or it may require the defendant to perform the work, operations, or avoidances. It may also provide that upon the failure of the defendant to initiate the performance within the time specified in the order of the court and to prosecute the performance to completion with reasonable diligence, the directors may enter upon the lands involved and perform the work or operations or otherwise bring the condition of the lands into conformity with the requirements of the regulations and recover the costs and expenses thereof, with interest at the rate of five percent (5%) per annum, from the owner of the lands. (e) The court shall retain jurisdiction of the case until after the work has been completed. (f) Upon completion of the work pursuant to the order of the court, the directors may file a petition with the court, a copy of which shall be served upon the defendant in the case, stating the costs and expenses sustained by them in the performance of the work and praying judgment therefor with interest. (g) The court shall have jurisdiction to enter judgment for the amount of such costs and expenses, with interest at the rate of five percent (5%) per annum until paid, together with the costs of suit, including a reasonable attorney's fee to be fixed by the court.

Legislative History

Acts 1937, No. 197, § 10; Pope's Dig., § 11842; A.S.A. 1947, § 9-911.