2011 Vermont Code
Title 24 Appendix Municipal Charters
Chapter 123 TOWN OF HARDWICK
§ 903 Sewage Collection and Disposal; Duties of Selectmen

§ 123-903. Sewage Collection and Disposal; Duties of Selectmen

It shall be the responsibility of the Board of Selectmen, acting as sewer commissioners, to provide adequate collection and disposal for domestic and industrial sewerage within those parts of the Town served by existing sewage collection and distribution system. In order to implement said authority, the Board of Selectmen shall have, in addition to those powers enumerated in the general laws of this State with respect to sewage disposal, the following powers:

(1) Whenever the public health or convenience shall require the construction of a common sewer or sewers in the Town, the Board of Selectmen is hereby authorized and empowered to so construct said sewers and to repair the same from time to time when necessary, and for such purpose may take the land of individuals and corporations on making compensation for the lands so taken, and the Selectmen shall proceed in the same manner as is prescribed by law for Selectmen in taking for public highways and in awarding damages therefore, and the said Selectmen shall make a return of their doings to the office of the Clerk of said Town who shall record the same in the records of the Town, and said Town may also lay pipes along and across the streets, alleys, lanes and highways in said Town.

(2) The Board of Selectmen shall have the power by ordinance and regulations, to require any building owner to connect to and use any sewer drain or line installed and maintained along and across the streets, alleys, lanes and highways of the Town which abut or adjoin such building.

(3) Said Board of Selectmen in making, installing, maintaining or repairing sewers and drains shall have the power, on giving twelve days' notice to the parties interested, of the time and the place of hearing, to assess the owner or owners of land or lands benefited thereby, so much of the expense of making altering or repairing the same as said Board of Selectmen shall judge such lands to be benefited thereby.

(4) When said Board of Selectmen enters upon lands under the authority and for the purpose stated in subdivision (3) of this section, they shall give twelve days' notice to all persons owning or interested in such lands when they will hear and consider the question of assessments for benefits, or both. And in all cases when either assessments are made or damages are allowed, the said Board of Selectmen shall forthwith make a report of their doings, which report they shall cause to be filed in the office of the Town Clerk, who shall record the same in the records of said Town.

(5) When any person shall be dissatisfied with the decision of said Board of Selectmen in the award of damages for laying, making, altering or repairing any sewer and drain, or in any assessment for benefits of the same, such persons may petition a court of competent jurisdiction for a reassessment of such damages or benefits. Said petition shall be served on the clerk of said Town within sixty days next after said award of damages or assessment for benefit shall be filed in said clerk's office, and such petition shall not delay the making or repairing of such sewer or drain, or sidewalk or culvert, or laying said water pipe.

(6) The Board of Selectmen, as aforesaid, may make and adopt such bylaws and regulations concerning the management and use of such sewers and drains and appurtenances not inconsistent with law, as it may deem expedient, including the fixing and collecting of sewer use and benefit rates and assessments and said sewer use and benefit rates so fixed shall, until paid, be and remain a lien upon the premises of the parties so furnished with sewer service in like manner as real estate is by law held for other taxes.

(7) The charges and rates for sewage service shall be a lien upon real estate, wherever located, furnished with such service in the same manner and to the same effect as taxes are a lien upon real estate under section 5061 of Title 32. The owner of such property furnished with sewage service, wherever located, shall be liable for such charges and rates.