§ 36-10-4-22 — Authority concerning rivers, streams, and waterways

(a) This section applies only to the parts of
rivers, streams, and waterways that are within or bordering park land
and boulevards under the control of the board.
(b) The board may:
(1) keep open rivers, streams, and waterways and prevent the
deposit of unsightly or obnoxious materials in or along them;
(2) take over, improve, control, and provide for the protection of
the banks of rivers, streams, and waterways, including building
levees and taking over levees already built;
(3) control the flow of water;
(4) make rules and regulations concerning rivers, streams, and
waterways and their banks as is necessary for these purposes;
(5) dam or change the course of a river, stream, or waterway to
provide water for sprinkling, boating, or other purposes;
(6) provide pools or artificial lakes in parks; and
(7) construct bridges and viaducts over or tunnels under rivers,
watercourses, or railroads.
(c) The board may also require the owners of real property abutting
along and upon rivers, streams, and waterways to remove unsightly or
obnoxious materials, filth, and unhealthy and unsanitary substances in
or along them. Five (5) days' written notice shall be given to the owners
that states the materials, filth, or substances to be removed. If a
property owner fails to comply with the notice the board may remove
the materials, filth, or substances. The expense of removal shall be
certified by the board to the county treasurer and shall be collected by
the treasurer in the same manner as assessments by the board for the
improvement of boulevards are collected under this chapter and other
statutes, including the sale of the property by the treasurer to pay
delinquent expenses.
[Pre-Local Government Recodification Citation:
19-7-30-16.]
As added by Acts 1981, P.L.309, SEC.111.