§ 8-6-12-2 — Improvement order; repair of street occupied by rails of railroad or street railroad; failure to comply; assessment of costs; collection

The board of public works or board of public
works and safety of a city or town legislative body may issue a written
improvement order requiring that any railroad, interurban, or
interurban street railroad undertake to repair or improve that portion of
the street occupied by its track, including the space between the rails,
the space between the tracks if there is more than one (1) track, and the
space to the end of its ties in width on the outside of said rails. The
written improvement order shall be given by the board or body to the
railroad, interurban, or interurban street railroad company and must
allow the railroad company thirty (30) days in which to commence the
repairs or improvement. If the railroad company fails to commence the
work within the thirty (30) day period, then the board or body may have
the repairs or improvements made and shall assess the cost against the
railroad company, to be collected in the same manner as assessments
for other public improvements are collected. The board or body may
certify the amount owed to the clerk of the circuit court, where the
amount certified shall be entered by the clerk upon the judgment
docket in the clerk's office, whereupon it has the same force as a
judgment pronounced in the circuit court of the county and is subject
to execution in the same manner as any other judgment for money.
[Pre-Local Government Recodification Citation: 19-8-16-10
part.]
As added by Acts 1981, P.L.11, SEC.49. Amended by
P.L.8-1989, SEC.51.