§ 36-9-27-46 — Obstruction of drains; repair procedure

(a) When a regulated drain is obstructed or
damaged by logs, trees, brush, unauthorized structures, trash, debris,
excavating, filling, or pasturing livestock, or in any other way, the
county surveyor shall immediately remove the obstruction and repair
any damage.
(b) Notwithstanding subsection (a), if the obstruction or damage is
caused by an owner of land affected by the drain, the county surveyor
shall first mail a notice to the owner, with return receipt requested,
requiring the owner to remove the obstruction and repair the damage.
If the owner fails to comply within ten (10) days after receipt of the
notice, the surveyor shall perform the work, and the cost of the work
shall be paid out of the annual maintenance fund of the drain if one has
been established, or, if no such fund has been established, out of the
general drain improvement fund.
(c) If the obstruction or damage has been caused by the acts or
omissions of an owner of land affected by the drain, the board may,
after a hearing with written notice served on the owner, add an amount
sufficient to pay for the damage to the next annual assessment made
against the land of the owner. The board shall certify the assessment to
the county auditor in the same manner as any other assessment.
(d) If the obstruction or damage is caused by the acts or omissions
of a person other than the owner of land affected by the drain, the board
may bring an action against that person in court. The board is entitled
to recover the reasonable value of removing the obstruction and
repairing the damage, plus a reasonable attorney's fee.
[Pre-Local Government Recodification Citation:
19-4-6-2.]
As added by Acts 1981, P.L.309, SEC.101.