TCA § 43-14-221 — Nonobservance of regulations basis of court action — Petition — Hearing — Enforcement of observance
AI-assisted research summary: If district supervisors find land-use rules are being violated in a way that increases erosion, they may ask the court to order compliance, and the court can later enforce the work and recover costs.
Where the supervisors of any district find that any land-use regulations, prescribed in an ordinance adopted in accordance with § 43-14-219 are not being observed on particular lands, and that this non-observance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, the supervisors may present to the circuit court or chancery court, for the county in which the defendant's land lies, a petition, duly verified, setting forth the adoption of the ordinance prescribing land-use regulations, the failure of the defendant landowner or occupier to observe the regulations, and to perform particular work, operations, or avoidances as required by the regulations, and that the nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, and praying the court to require the defendant to perform the work, operations, or avoidances within a reasonable time, and to order that, if the defendant fails so to perform, the supervisors may go on the land, perform the work or other operations or otherwise bring the condition of the lands into conformity with the requirements of the regulations, and recover the costs and expenses of the work or other operations, with interest, from the defendant. Upon the presentation of the petition, the court shall cause process to be issued against the defendant, and shall hear the case. If it appears to the court that testimony is necessary for the proper disposition of the matter, it may take evidence, or appoint a referee to take such evidence as it may direct and report the evidence to the court with the referee's findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may dismiss the petition; or it may require the defendant to perform the work, operations, or avoidances, and may provide that, upon the failure of the defendant to initiate performance within the time specified in the order of the court, and to prosecute the same to completion with reasonable diligence, the supervisors may enter upon the lands involved and perform the work or operations or otherwise bring the condition of the lands into conformity with the requirements of the regulations and recover the costs and expenses of the work or operations, with interest at the rate of five percent (5%) per annum, from the defendant. In all cases where the person in possession of lands, who fails to perform such work, operations, or avoidances, is not the owner, the owner of the lands shall be joined as party defendant. The court shall retain jurisdiction of the case until after the work has been completed. Upon completion of such work, pursuant to such order of the court, the supervisors may file a petition with the court, a copy of which shall be served upon the defendant in the case, stating the costs and expenses sustained by them in the performance of the work and praying judgment therefor with interest. The court shall have jurisdiction to enter judgment for the amount of such costs and expenses, with interest at the rate of five percent (5%) per annum until paid, together with the costs of suit, including a reasonable attorney's fee to be fixed by the court.