Title 2, Chapter 6, Section 39
( 2-6-39)
(a) The supervisors shall have authority to go upon any lands within
the district to determine whether land use regulations adopted under
this article are being observed. (b) Where the supervisors of any district find that any of the
provisions of land use regulations adopted in accordance with this
article are not being observed on particular lands and that such
nonobservance tends to increase erosion on such lands and is
interfering with the prevention or control of erosion on other lands
within the district, the supervisors may present a petition to the
superior court of the county or counties within which the lands of
the defendant lie. The petition shall set forth the adoption of the
land use regulations, the failure of the defendant landowner or
occupier of the land to observe such regulations and to perform
particular work, operations, or avoidances as required thereby, and
that such nonobservance tends to increase erosion on such lands and
is interfering with the prevention or control of erosion on other
lands within the district. It shall ask the court to require the
defendant to perform the work, operations, or avoidances within a
reasonable time and to order that if the defendant fails to do so,
the supervisors may go on the land, perform the work or other
operations or otherwise bring the condition of the land into
conformity with the requirements of such regulations, and recover
the costs and expenses thereof, with interest, from the owner or
occupier of such land. (c) Upon the presentation of the petition, the court shall cause
process to be issued against the defendant and shall hear the case.
If it appears to the court that testimony is necessary for the
proper disposition of the matter, it may take evidence or appoint a
referee to take such evidence as it may direct and report the same
to the court with his findings of fact and conclusions of law, which
report shall constitute a part of the proceedings upon which the
determination of the court shall be made. The court may dismiss the
petition or it may require the defendant to perform the work,
operations, or avoidances and may provide that upon the failure of
the defendant to initiate such performance 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 land
involved, perform the work or operations or otherwise bring the
conditions of the land into conformity with the requirements of the
regulations, and recover the costs and expenses thereof, with
interest at the rate of 5 percent per annum, from the owner or
occupier of such land. (d) The court shall retain jurisdiction of the case until after the
work has been completed. Upon completion of the work by the
supervisors pursuant to the order of the court, the supervisors may
file a petition with the court, a copy of which shall be served upon
the defendant in the case, stating the costs and expenses sustained
by them in the performance of the work and seeking judgment therefor
with interest. The court shall have jurisdiction to enter judgment
for the amount of such costs and expenses, with interest at the rate
of 5 percent per annum until paid, together with the costs of the
action, including a reasonable attorney's fee to be fixed by the
court. |