318.5 - REMOVAL AND COST.

        318.5  REMOVAL AND COST.         1.  An obstruction in a highway right-of-way which constitutes an      immediate and dangerous hazard shall, without notice or liability in      damages, be removed by the highway authority.         2.  An obstruction not constituting an immediate and dangerous      hazard shall be removed by the highway authority without liability      after forty-eight-hour notice served in the same manner in which an      original notice is served, or in writing by certified mail, or in any      other manner reasonably calculated to apprise the person responsible      for the obstruction that the obstruction will be removed at the      person's expense.  The highway authority shall assess the removal      cost.         3.  Upon removal of the obstruction, the highway authority may      immediately send a statement of the cost to the person responsible      for the obstruction.  If within ten days after sending the statement      the cost is not paid, the highway authority may institute legal      proceedings to collect the cost of removal.  The removal costs shall      be assessed against the following persons, as applicable:         a.  The vehicle owner in the case of an abandoned vehicle.         b.  The abutting property owner in the case of a fence, other      than a right-of-way line fence, or other temporary obstruction placed      within the highway right-of-way by the owner or tenant of the      abutting property.         c.  The owner or person responsible for placement of any other      obstruction.         4.  All removals shall be without liability on the part of any      officer ordering or effecting such removal.  
         Section History: Recent Form
         2006 Acts, ch 1097, §5         Referred to in § 68A.406, 318.9, 318.10         Manner of service, R.C.P. 1.302--1.315