229.330. Restoration of premises used. - Missouri Statutes

Restoration of premises used.

229.330. 1. If the use, excavation or encroachment of suchstreet, avenue, boulevard, road, alley, public easement, orhighway is of such nature to cause or result in disturbance orchange, and the applicant fails or refuses to restore and replacesuch in substantially the same condition as before such use,excavation or encroachment, within thirty days after thecompletion of such use, excavation or encroachment, or suchlonger period as may be provided in writing by the county highwayengineer and surveyor, such office shall give written notice tothe applicant to refill, replace and restore such street, avenue,boulevard, road, alley, public easement, or highway in as goodcondition as it was at the time of such use, excavation orencroachment was commenced, and to keep and maintain the portionof such so affected in such condition for a period of six monthsfrom the date so fixed for the completion of such work, and tosave the county harmless from any cost or expense occasioned orrequired in the refilling, repairing, restoring of such highwayfor such period, due to or occasioned by such use, excavation orencroachment.

2. If the applicant fails or refuses to make properrestoration of said premises as required in such notice, withinten days after receipt of a registered letter containing suchnotice the highway engineer and surveyor may cause the necessarywork to be done and charge the expense thereof to such applicant,deducting the amount therefor from the cash deposit made by suchapplicant or by an action on the bond, as the case may be.

3. Any balance due the applicant from the cash deposit onhand, if any, shall be paid such applicant upon the fulfillmentof all obligations hereunder. Any deduction from such deposit orrecovery from such bond shall not excuse or relieve suchapplicant from any prosecution, conviction, fine or any penaltyimposed for violation of any of the provisions of sections229.300 to 229.370.

(RSMo 1939 § 8651, A.L. 1945 p. 1489 § 8650)

Prior revision: 1929 § 8002