Section 105IAC7-2-4. Procedures for corrective action

   Corrective action will normally be the construction, reconstruction, alteration or modification of the approach to standards acceptable to the department, or the complete removal of the approach and restoration of the highway right-of-way. The decision concerning the choice of a remedy remains with the department. The following procedure will be used by the department to obtain a suitable corrective result.

(1) The department will contact the responsible person(s) for the unauthorized approach, including the owner of real estate, and advise that they are to begin corrective action by preparing and submitting a permit application. The department shall state a specific date for receipt of the application, but in no case shall the time to submit the application be less than fifteen (15) calendar days from the date of contact. If an application is received within the specified time period, the department shall proceed to the requirements in 120 IAC 2-1 [105 IAC 7-1].

(2) If the person(s) responsible for the unauthorized approach has not responded within the specified time and if the application for the permit was not received by the department, a notice shall be given to the owner(s) of the real estate from which the unauthorized approach emanates by certified mail and shall be sent to the owner's last known address. A copy of the notice shall be sent to the occupanty [sic.] of the real estate and a copy of the notice shall be posted upon said real estate in a conspicuous place. The notice shall specify the time within which the owner(s) of the real estate shall have completed corrective action for the unauthorized approach, but in no case shall the period of time specified be less than thirty (30) calendar days.

(3) If the owner of the real estate has not completed corrective action on the unauthorized approach within the time specified by the notice, the department may do whatever in its discretion is necessary to correct the situation or may cause the same to be done by other persons, parties, or corporations.

(4) The cost of the corrective action to the unauthorized approach as provided by subdivision (3) in this section will be borne by the owner of the real estate. After the department has completed the corrective action, it shall bill the owner of the real estate for the cost.

(Indiana Department of Transportation; 105 IAC 7-2-4; filed Aug 2, 1985, 3:39 p.m.: 8 IR 1713; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA) NOTE: Transferred from Department of Highways (120 IAC 2-2-4) to Indiana Department of Transportation (105 IAC 7-2-4) by P.L.112-1989, SECTION 5, effective July 1, 1989.