Section 318.5. Removal and cost.

  1.  An obstruction in a highway right-of-way which constitutes an immediate and dangerous hazard shall, without notice or liability in damages, be removed by the highway authority.

  2.  An obstruction not constituting an immediate and dangerous hazard shall be removed by the highway authority without liability after forty-eight-hour notice served in the same manner in which an original notice is served, or in writing by certified mail, or in any other manner reasonably calculated to apprise the person responsible for the obstruction that the obstruction will be removed at the person’s expense. The highway authority shall assess the removal cost.

  3.  Upon removal of the obstruction, the highway authority may immediately send a statement of the cost to the person responsible for the obstruction. If within ten days after sending the statement the cost is not paid, the highway authority may institute legal proceedings to collect the cost of removal. The removal costs shall be assessed against the following persons, as applicable:

  a.  The vehicle owner in the case of an abandoned vehicle.

  b.  The abutting property owner in the case of a fence, other than a right-of-way line fence, or other temporary obstruction placed within the highway right-of-way by the owner or tenant of the abutting property.

  c.  The owner or person responsible for placement of any other obstruction.

  4.  All removals shall be without liability on the part of any officer ordering or effecting such removal.

2006 Acts, ch 1097, §5

Manner of service, R.C.P. 1.302 – 1.315