218 ARTICLE 2A

1937, ch. 437, sec. 24.

54. (Enforcement of Land-use Regulations. ) The supervisors shall
have authority to go upon any lands within the district to determine
whether land-use regulations adopted under the provisions of Section 53 of
this Article are being observed. The supervisors are further authorized to
provide by ordinance that any land occupier who shall sustain damages
from any violation of such regulations by any other land occupier may
recover damages at law from such other land occupier for such violation.

1937, ch. 437, sec. 25.

55. (Performance of Work Under the Regulations by the Supervisors. )
Where the supervisors of any district shall find that any of the provisions
of land-use regulations prescribed in an ordinance adopted in accordance
with the provisions of Section 53 hereof are not being observed on particu-
lar lands, and that such non-observance tends to increase erosion on such
lands and is interfering with the prevention or control of erosion on other
lands within the district, the supervisors may present to the Circuit Court
of the County within whose jurisdiction the land occupier resides, a bill
in equity, duly verified, setting forth the adoption of the ordinance pre-
scribing land-use regulations, the failure of the defendant land occupier
to observe such regulations, and to perform particular work, operations, or
avoidance as required thereby, and that such non-observance tends to in-
crease erosion on such lands and is interfering with the prevention or control
of erosion on other lands within the district, and praying the court to
require the defendant to perform the work, operations, or avoidance within
a reasonable time and to order that if the defendant shall fail so to per-
form the supervisors may go on the land, perform the work or other
operations or otherwise bring the conditions of such lands into conformity
with the requirements of such regulations, and recover the costs and ex-
penses thereof, with interest, from the occupier of such land. Upon the
presentation of such bill in equity the court shall cause process to be issued
against the defendant, and shall hear the case. If it shall appear to the
court that testimony is necessary for the proper disposition of the matter,
it may take evidence, or appoint a master to take such evidence as it may
direct and report the same to the court with his findings of fact and con-
clusions of law, which shall constitute a part of the proceedings upon which
the determination of the court shall be made. The court may dismiss the
petition; or it may require the defendant to perform the work, operations,
or avoidance, 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 supervisors may enter upon the lands involved and perform the work
or operations or otherwise bring the condition of such lands into con-
formity with the requirements of the regulations and recover the costs and
expenses thereof, with interest at the rate of 5 per centum per annum,
from the occupier of such lands. In all cases where the person in possession
of lands, who shall fail to perform such work, operations, or avoidances
shall not be the owner, the owner of such lands shall be joined as party
defendant.

The court shall retain jurisdiction of the case until after the work has
been completed. Upon completion of such work pursuant to such order
of the court the supervisors may file a petition with the court, a copy of
which shall be served upon the defendant in the case, stating the costs