(A) In the event a landowner refuses to reconstruct a side ditch at the landowner’s expense or refuses to maintain a culvert or drainage tile in lieu of a side ditch, the County Highway Department shall proceed to reconstruct the side ditch or repair and otherwise maintain the culvert and drainage tile used in lieu of a side ditch in order to provide proper drainage of county roads to ensure public safety and minimize maintenance costs.
(B) Should the County Highway Department incur expenses over and above those normally incurred in the maintenance of county road side ditches, which expenses were incurred as a result of farming, fencing, or landscaping within a county road right-of-way, the Highway Department, upon approval by the Board of Commissioners, shall serve notice on the landowner by certified mail, return receipt requested, of the cost of additional materials and labor incurred with a demand for payment.
(C) The landowner shall have 30 days from the date of receipt of said notice within which to pay the Highway Department for the invoiced amount. Failure on the part of the landowner to make full payment, shall result in initiation of a civil suit by the County Attorney to collect same.
(D) In the event litigation is commenced, the county shall be entitled hereunder to collect all costs invoiced, pre-judgement and post-judgment interest as allowed by law, costs of litigation, and reasonable attorney fees.
(Ord. 1996-1, passed 2-5-1996)