(1) 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 directs and report the same to the court with 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.
(2) 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 such performance within the time specified in the order of the court and to prosecute the same to completion with reasonable diligence, the directors may enter upon the lands involved and perform the work or operations or otherwise bring the condition of such lands into conformity with the requirements of the regulations and recover the costs and expenses thereof, with interest at the rate of five percent per annum from the owner or occupier of such lands, or both.
(3) 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 such lands shall be joined as party defendant.Section: Previous 568.640 568.650 568.660 568.670 568.680 568.690 568.700 568.710 568.720 568.730 568.740 568.750 568.760 568.770 568.780 Next
Last modified: August 7, 2008