All individuals, firms, or corporations having buildings, conduits, pipes, tracks, poles, or other structures or obstructions in, on, over, under, or through any public road, street, or way, which blocks or impedes the construction and establishment of the county’s water, sewerage, or drainage systems, or other works, upon reasonable notice from the board, shall promptly shift, adjust, accommodate, or remove structures or obstructions as fully to meet the exigencies occasioning the action; provided, however, that the reasonable cost of the changes shall be borne by the county. Every public service corporation, company, or individual, before it or they shall begin any excavation or construction in street, road, way, or public highway, shall file with the board plans of such work and construction showing the location and depth in the street, road, way, or public highway of the proposed main, conduit, pole, pipe, or other structure, and such construction or work shall not be begun until the plan is approved by the board, nor shall any change be made in the approved plan or in the work or construction as shown by the plan, except on further approval of the board. Whenever any main, conduit, pole, pipe, or other structure is installed without the filing of plans with the Board and the approval thereof by it, or when any change is made in the location of the main, conduit, pipe, pole, or other structure as shown upon the plans approved by the Board, or any approved change therein, the board, if and when such conduit, main, pipe, or pole, or other structure interferes with the construction of or operation of the water, drainage, or sewerage system, or other works, may remove the conduit, main, pipe, pole, or other structures or change the location thereof at the cost and expense of the party putting them in, or their heirs, assigns, or successors, and without any liability upon the part of the county for damage that might be done to the same by reason of the board’s operation in constructing or maintaining the system or works. Any violation of the provisions of this section is a misdemeanor punishable under § 2-13-31 of this chapter.
(Code 1959, § 10A-16; 1968, Chapter 609, § 1; 1977, Chapter 96, § 1; 1979, Chapter 723, § 1)
Editor’s note:
Ch. 723 of the 1979 Acts designated the above section as section 10A-16 of the 1959 county code; however, such section constitutes an amendment and renumbering of former section 10A-10 of the 1959 Code.