(A) Whenever a property owner constructs a new driveway or entrance onto a county road or elects to install a new culvert for any other reason, the property owner shall be responsible for the cost of said culvert construction. The county’s Road Department shall construct the culvert and the expense of the materials shall be paid by the property owner; however, the county’s Road Supervisor shall give the property owner written notice of the approximate cost of installing the culvert. The property owner then shall have 30 days after receiving the notice to appeal directly to the county’s Fiscal Court. If appealed, the county’s Fiscal Court shall conduct a hearing, wherein the county’s Road Supervisor must establish the facts making the cost and action necessary.
(B) When the county’s Road Department, or its agents, are performing normal ditch maintenance along a county road, and it is deemed necessary by the county’s Road Supervisor, or other appropriate county personnel, to install a new culvert, or to replace an existing culvert that does not meet county standards with regard to type of material used in construction of said culvert, or sizes of said culvert. The county’s Road Supervisor shall construct a compliant culvert at the expense of the property owner. However, the county’s Road Supervisor shall give the property owner written notice of the intent to install or replace an existing culvert at the cost of installing the culvert. The property owner then shall have 30 days after receiving the notice to appeal directly to the county’s Fiscal Court and the county’s Fiscal Court shall conduct a hearing wherein the county’s Road Supervisor must establish the facts making the action necessary.
(Ord. 20.540-1, passed 9-22-2020; Ord. pased 9-24-2020)