468.149 - OBSTRUCTING OR DAMAGING. - Iowa Statutes

468.149 OBSTRUCTING OR DAMAGING. Any person or persons willfully diverting, obstructing, impeding, or filling up, without legal authority, any ditch, drain, or watercourse or breaking down or injuring any levee or the bank of any settling basin, established, constructed, and maintained under any provision of law, or obstructing, or engaging in travel or agricultural practices upon the improvement or rights of way of a levee or drainage district which the governing body thereof has, by resolution, determined to be injurious to such improvement or to interfere with its proper preservation, operation or maintenance, and has prohibited, shall be deemed guilty of a serious misdemeanor and any such unlawful act as above described is hereby declared to be a nuisance and may be abated as such. Said governing body shall also have the power to repair any ditch, drain or watercourse, or any levee or bank of any settling basin damaged by any person or persons in violation of the resolution of said governing body, after three days' notice to such person or persons to make such repair, in the event that there is a failure to do so, and the expense thereof shall be assessed to such person or persons and shall be certified and collected as other taxes.          Section History: Early Form [C24, 27, 31, 35, 39, § 7580; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 455.160]          Section History: Recent Form 89 Acts, ch 126, § 2 CS89, § 468.149 Nuisances in general, chapter 657