21-364 - Control and repairs; penalty for injury to construction.
§ 21-364. Control and repairs; penalty for injury to construction.
Whenever any improvement constructed under this chapter is completed, itshall be under the control and supervision of the board of viewers of theproject in the county in which the petition was filed. It shall be the dutyof the board to keep the levee, ditch or watercourse in good repair, and forthis purpose they may levy an assessment on the lands benefited by theconstruction of such improvements in the same manner and in the sameproportions as the original assessments were made, and the fund that iscollected shall be used for repairing and maintaining the ditch, drain orwatercourse in perfect order; but if any repairs are made necessary by theact or negligence of the owner of any land through which such improvement isconstructed, or by the act or negligence of his tenants, agents or employeesor the same is caused by cattle, hogs, or other stock of the owner, employee,or agent, then the cost thereof shall be assessed and levied against thelands of the owner alone, to be collected by proper suit instituted by theboard of viewers.
It shall be unlawful for any person to injure or damage or obstruct or buildany bridge, roadway, fence or flood gate in such a way as to injure or damageany levee, ditch, drain, or watercourse constructed or improved under theprovisions of this chapter, and any person causing such injury shall beguilty of a misdemeanor, and upon conviction thereof may be fined any sum notexceeding twice the damage for injury done or caused.
(Code 1919, § 1769; 1926, p. 618; 1954, c. 642.)