2013 New York Consolidated Laws
VIL - Village
Article 14 - (14-1400 - 14-1438) SEWERS
14-1438 - Sewer connections.


NY Vill L § 14-1438 (2012) What's This?
 
    §  14-1438  Sewer connections. 1. The board of sewer commissioners may
  cause a notice to be published in the official newspaper of the  village
  requiring  the  owners  or occupants of any and all property fronting or
  abutting on any street or portion thereof in or upon  which  any  public
  sewer  is about to be laid or is being laid or has been laid by the said
  board to make and lay connection pipes to and from the  sewer  mains  in
  said  street  or  any portion thereof in front of each separate piece of
  property and where directed by said board, as  in  this  section  or  in
  other sections of this act provided, within such time and in such manner
  and under such inspection as said board shall prescribe and whenever any
  such   owner  or  occupant  shall  have  made  default  in  making  such
  connections with said sewer mains opposite the lands and premises  owned
  or  occupied  by  him as directed in and required by said printed notice
  therefor in the manner and within the time  specified,  the  said  board
  shall  have power and authority to so make, extend and complete the same
  to the property line of the lands and  premises  so  owned  or  occupied
  opposite  thereto  and in front thereof and to connect the same with any
  existing connecting pipes  in  front  thereof  and  the  actual  expense
  thereof,  including  all  labor  done  and  materials  used in doing and
  completing the same, shall be assessed by the trustees  of  the  village
  upon  each  separate  piece of property opposite which the same shall be
  done and completed and shall be a lien and liens on  said  premises  and
  lots  of  land respectively, and the same shall be collected in the same
  manner as other local assessments or assessments for local  improvements
  as provided by the special charter of the village or the general village
  laws  of  the state as the case may be, and when so collected the amount
  thereof shall be paid into the sewer fund of the village.
    2. The board of sewer  commissioners  shall  also  have  authority  to
  determine  the  manner  and  conditions  under which said sewer laterals
  shall be installed and maintained and shall have  authority  to  install
  and  maintain  said  sewer  laterals  and  to adopt such uniform service
  charges as they deem just for each sewer lateral so connected  with  the
  public  sewer  and  extending  to  the  street  or  right  of way lines,
  regardless of the location of said public sewer within said  streets  or
  rights  of  way lines and regardless of the soil, rock or other physical
  conditions within said streets or rights of way lines. Notice  shall  be
  served pursuant to subdivision one of this section.
    Such  uniform  service  charge  as  the  board  may adopt shall be any
  percentage of the cost up to but not exceeding the average  actual  cost
  of  installing such sewer laterals as before described.  Such percentage
  of the average actual cost of installing such sewer laterals as may  not
  be  charged shall be borne by the village.  Should the owner of property
  so connected default, the board shall act in the  manner  prescribed  in
  subdivision one of this section.
    The  said  board  shall have authority to apply such percentage of the
  average actual cost of installing such sewer  laterals  as  the  village
  might  pay, to such other sewer lateral connection for the same property
  or properties as in the judgment of the board might be advisable.
    3.  Nothing  herein  contained  shall  be  construed  to  prevent  the
  financing,  in  whole  or in part, pursuant to the local finance law, of
  any expense incurred by the village pursuant to this section.

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