(A) (1) Upon identification of county roads with side ditches in need of reconstruction and upon approval of the Board of Commissioners, the County Highway Department shall notify landowners by certified mail, return receipt requested, that farming, fencing, or landscaping by the landowners or their tenants impairs, impedes, or otherwise adversely affects the proper drainage of a county road adjoining said landowners property, and that as a result of such farming, fencing, or landscaping, the side ditches of said county road are in need of reconstruction.
(2) The Highway Department shall estimate the cost of reconstruction to a condition as illustrated in § 152.53, which cost shall be disclosed in said written notice communicated to each affected landowner. The landowner or the landowner’s tenant shall be given 30 days from the date said notice is received within which to restore said side ditches as illustrated in § 152.53 at the landowners expense.
(B) If the landowner refuses to restore the side ditches to such a condition which allows for proper drainage of the county road, or unless the landowner petitions within said 30-day period for a variance which allows for proper drainage of the county road through means other than use of a side ditch, which alternative means of drainage would allow filling and seeding within the county road right- of-way, the County Highway Department shall proceed to reconstruct said side ditch and restore it to a condition illustrated in § 152.53, and the cost of same shall thereafter be assessed against the landowner.
(Ord. 1996-1, passed 2-5-1996)