Section 15-1943. Minor repairs in drainage districts  


Latest version.
  • 1.  Application  for  the  repair,  enlargement or cleaning out of any
      ditch  originally  constructed  or  repaired  by  assessment  under  the
      provisions of title 19 of this article, or any former general or special
      drainage  laws,  if  within  a  drainage improvement district and if the
      total cost thereof shall not exceed two per cent of  the  total  of  the
      drainage  enhancements  of all parcels served by such ditch, may be made
      by any three or more  persons  liable  to  be  assessed  therefor.  Such
      application  shall be made by written petition, verified by at least one
      of the signers thereof, setting forth the work  desired,  the  estimated
      cost thereof and the need therefor.
        2.  On  receipt  of  such  petition  the  department  shall  cause  an
      examination to be made of such ditch or ditches, an estimate of the cost
      of such repairs and improvements and a special apportionment of the cost
      thereof to be prepared, and shall file a  statement  of  these  matters.
      Thereafter,  after  due notice, the department shall hear all interested
      parties with regard thereto. The filing of written objections shall  not
      be  required.  If  after the hearing the department shall determine that
      the work can be done under this section, is necessary and is desired  by
      the owners of the lands involved, it may proceed to make such repairs or
      enlargements.  The  cost of such repairs and expenses of the hearing and
      examination generally shall be apportioned upon the properties served by
      the  work  in  accordance  with  the  general  or  a  previous   special
      apportionment of the cost of such ditch or part of a ditch.
        3.  If  the  department  shall find that changes should be made in the
      apportionment, or, for any other reason, that the  work  should  not  be
      done  under  the  provisions  of  this section, it may so specify in its
      order,  giving  its  reasons  therefor,  and  return  the  case  to  the
      applicants  for  further  petition.  Money to pay for such work shall be
      raised pursuant to  the  Local  Finance  Law  and  as  elsewhere  herein
      provided.  The  whole cost of such work shall be collected within not to
      exceed three years from the date of completion of the project as may  be
      determined by the department.