§ 4.1-20-32 — Failure to perform land use regulations - Hearing on - Supervisors to perform - Costs and expenses

perform - Costs and expenses.
1. If the supervisors of any district find any land use regulations prescribed in any
ordinance are not being observed on particular lands, tending to increase erosion on
those lands and interfering with the prevention or control of erosion on other lands
within the district, the supervisors may present to the district court a duly verified
petition setting forth:
a. The adoption of the ordinance prescribing land use regulations;
b. The alleged failure of the defendant land occupier to observe the regulations and
perform particular work, operations, or avoidances required by the regulations
and that the failure tends to increase erosion on those lands and interfere with the
prevention or control of erosion on other lands within the district; and
c. Requesting that the court order the defendant to perform the work, operations, or
avoidances within a reasonable time and that if the defendant fails to do so, the
supervisors may:
(1) Enter upon the land;
(2) Perform the necessary work to bring the condition of the land into conformity
with the regulations; and
(3) Assess the costs and expenses of the work, with interest, to the defendant.
2. Upon presentation of a petition under subsection 1, the court shall cause process to be
issued against the defendant, and shall hear the case.
a. If it appears to the court testimony is necessary for the proper disposition of the
matter, the court may take evidence or appoint a referee to take evidence as it
may direct and report the evidence to the court with the referee's findings of fact
and conclusions of law.
b. If a referee is appointed, the report of the referee constitutes a part of the
proceedings upon which the determination of the court must be made.
c. The court may dismiss the petition or it may order the defendant to perform the
work, operations, or avoidances. The court may provide upon the failure of the
defendant to initiate performance as ordered by the court within the time specified

in the order of the court and to prosecute the same to completion with reasonable
diligence, the supervisors may enter upon the lands involved and perform the
necessary work to bring the condition of the land into conformity with the
regulations and assess the costs and expenses of the work, with interest at the
rate of five percent per annum, to the defendant.
d. If the person in possession of lands subject to a petition under subsection 1 is
other than the owner, the owner of those lands must be joined as a party
defendant. In all cases, notice must be given to all other interested parties in
person, or by publication in the manner provided in this chapter for publication of
due notice.
e. In any case under this section, the court shall retain jurisdiction until any work
ordered by the court has been completed.
3. Upon completion of any work ordered by the court under subsection 2, the supervisors
may file a petition with the court and serve a copy upon the defendants, stating the
costs and expenses sustained by the supervisors in the performance of the work and
asking for judgment in that amount, with interest. The court may enter judgment for the
amount of costs and expenses approved by the court plus interest at the rate of five
percent per annum until paid. The supervisors may certify to the county auditor of the
county in which the district is located the amount of the judgment, which is a lien upon
the lands and must be collected as taxes or assessments are collected. As the
judgment is paid or collected, the proceeds must be paid over to the district that
certified the judgment to the auditor.