§ 54-38. Operational requirements.

(a)

Roads. The use of county roads by an operator transmitting timber or pulpwood must not endanger the traveling public; where damage does occur, the roads so damaged shall be restored to their previous condition, including, but not limited to, removal of debris and mud and replacement of gravel. Trucks or other equipment used in the harvesting operation shall not be allowed to park on the public right-of-way for extended periods of time.

(b)

Warning signs. Any firm, company or person operating on county rights-of-way shall be required to post warning signs at least 500 feet on both sides of the temporary driveway adequately warning oncoming traffic of persons, vehicles, equipment or machinery entering the roadway.

(c)

Termination. At the termination of harvesting activities at each site, the operator shall immediately notify the county commissioner's office, a representative of which shall make an inspection of the site on the county road system affected by the harvesting activities. The inspection shall take place within three working days of receipt of the notice.

(d)

Results of inspection/appeal/release. If the board of commissioners or its designee determines that damage has occurred, the board of commissioners or its designee will make a detailed report, identifying the damage, the remedial action needed to be taken to repair the damage, and the estimated cost to repair the damage. The report shall be delivered to the applicant, and the applicant shall pay the county the cost of the damage within ten days of the receipt of the specifications describing the damage to the road. If the operator does not agree with the assessment of the damages, the operator may appeal the decision, within two days of the receipt of the county's assessment, to an arbitration board. The board of arbitration will include a representative of the operator and a representative of the county. The two arbitrators shall appoint a third arbitrator. The board of arbitration shall set a date for a hearing within two days of their appointment, and the hearing will be had within seven days of the date of their appointment, at the county courthouse. If the board of arbitration finds the operator damaged the county road, the operator shall be required to pay the cost of the arbitration in addition to paying the county for the damage to the road. If the board of arbitration finds there is either no damage to the road, or the damage to the road was not the result of the operator's use of the road, or the damage has been overstated by more than 30 percent, the county and the operator shall each pay half of the cost of the arbitration. If the operator fails to pay the county within ten days of the arbitrators' decision, the county may proceed to enforce the collection of the damages by the issuance of a fi. fa. and by collection of the bond given for the faithful performance and compliance with this article.

(Ord. of 7-11-2000, § VII)