Indiana § 36-10-4-22 - Authority concerning rivers, streams, and waterways

§ 36-10-4-22. Authority concerning rivers, streams, and waterways

Sec. 22. (a) This section applies only to the parts of rivers, streams, and waterways that are within or bordering park land and boulevards under the control of the board.

(b) The board may:

(1) keep open rivers, streams, and waterways and prevent the deposit of unsightly or obnoxious materials in or along them;

(2) take over, improve, control, and provide for the protection of the banks of rivers, streams, and waterways, including building levees and taking over levees already built;

(3) control the flow of water;

(4) make rules and regulations concerning rivers, streams, and waterways and their banks as is necessary for these purposes;

(5) dam or change the course of a river, stream, or waterway to provide water for sprinkling, boating, or other purposes;

(6) provide pools or artificial lakes in parks; and

(7) construct bridges and viaducts over or tunnels under rivers, watercourses, or railroads.

(c) The board may also require the owners of real property abutting along and upon rivers, streams, and waterways to remove unsightly or obnoxious materials, filth, and unhealthy and unsanitary substances in or along them. Five (5) days' written notice shall be given to the owners that states the materials, filth, or substances to be removed. If a property owner fails to comply with the notice the board may remove the materials, filth, or substances. The expense of removal shall be certified by the board to the county treasurer and shall be collected by the treasurer in the same manner as assessments by the board for the improvement of boulevards are collected under this chapter and other statutes, including the sale of the property by the treasurer to pay delinquent expenses.

[Pre-Local Government Recodification Citation: 19-7-30-16.]

As added by Acts 1981, P.L.309, SEC.111.