adjacent to navigable waters.
1.If the department finds that buildings, structures, boat docks, debris, or other
manmade objects, except a fence or corral, situated in, on the bed of, or adjacent to
waters that have been determined to be navigable by a court are, or are likely to be, a
menace to life or property or public health or safety, the department may issue an
order to the person responsible for the object. If the department issues an order, the
order must specify the nature and extent of the conditions, the action necessary to
alleviate, avert, or minimize the danger, and a date by which that action must be taken.
If the department determines an object covered by flood insurance is likely to be a
menace to life or property or public health or safety, the date specified in the orde
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adjacent to navigable waters.
1. If the department finds that buildings, structures, boat docks, debris, or other
manmade objects, except a fence or corral, situated in, on the bed of, or adjacent to
waters that have been determined to be navigable by a court are, or are likely to be, a
menace to life or property or public health or safety, the department may issue an
order to the person responsible for the object. If the department issues an order, the
order must specify the nature and extent of the conditions, the action necessary to
alleviate, avert, or minimize the danger, and a date by which that action must be taken.
If the department determines an object covered by flood insurance is likely to be a
menace to life or property or public health or safety, the date specified in the order for
action to be taken may not precede the date on which the person is eligible to receive
flood insurance proceeds. If a building, structure, boat dock, debris, or other manmade
object, except a fence or corral, is partially or completely submerged due to the
expansion of navigable waters, the person responsible is the person who owns or had
control of the property on which the object is located or the person who owned or had
control of the property immediately before it became submerged by water.
2. If the action is not taken by the date specified, but not less than twenty days from the
date of service of the notice, the department may cause the action to be taken. The
department may require the action to be taken in less than twenty days if an
emergency exists.
3. a. The department may bring an action to enforce an order of the department, or if
the department causes the action to be taken, the department may:
(1) Assess the costs of taking the action, or a portion of the costs as the
department determines, against any property of the person responsible; or
(2) Bring a civil action against the person responsible to recover the costs
incurred in taking the action.
b. If the department chooses to recover costs by assessing the cost against
property of the person responsible and the property is insufficient to cover the
costs incurred, the department may bring a civil action to recover any costs not
recovered through the assessment process. Any assessments levied under this
section must be collected in the same manner as other real estate taxes are
collected and paid. Any costs recovered must be deposited in the fund from which
the expenses were paid.
4. A person who receives an order, within ten days of the date of service of the order,
may demand, in writing, a hearing on the matter. The demand for a hearing must state
with particularity the issues, facts, and points of law to be presented at the hearing. If
the department determines the issues, facts, and law to be presented are well-founded
and not frivolous, and the request for a hearing was not made merely to interpose
delay, the department shall set a hearing date without undue delay.
5. In an emergency, the department immediately may apply to the district court of the
county in which the property is located for an injunction ordering the person
responsible to modify, remove, abate, or otherwise eliminate the dangerous condition.
6. Any person aggrieved by the action of the department may appeal the decision to the
district court of the county in which the land is located in accordance with chapter
28-32. A hearing under this section is a prerequisite to an appeal unless the hearing
was denied by the department.
7. If the department has issued an order under this section with regard to a building,
structure, boat dock, debris, or other manmade object the department has determined
is likely to be a menace to life or property or public health or safety, and it later
becomes known the object would not have become a menace, a person who has
taken action required by the order is entitled to compensation in an amount equal to
the value of any property destroyed and reasonable costs incurred as a result of
complying with the notice from the department.
8. Any person claiming compensation for the destruction of property or costs incurred
under subsection 7 must file a claim with the department in the form and manner
required by the department. Unless the amount of compensation is agreed to between
the claimant and the department, the amount of compensation must be calculated in
the same manner as compensation due for taking of property pursuant to the
condemnation laws of this state. In determining compensation, the proceeds of any
flood or other insurance or any other kind of compensatory payments must be
subtracted from the amount paid.