§ 81 — Supervisor to serve notice

New York § 81

• Jurisdiction: New York
• Law NAV: Navigation
• Art. 5: Tidewater Navigation

Text

§ 81. Supervisor to serve notice. It shall be the duty of the\nsupervisor of the town or the president of the incorporated village in\nwhich any such tidewater creek or estuary is located, in whole or in\npart, to serve written or printed notice on the chief officer of the\nmunicipal corporation so diverting water from the stream of fresh water,\nor on the superintendent or other person in charge of the works, at any\ntime, of the fact of such tidewater creek or estuary not being\nmaintained at the depth and width herein provided for, and the said\nmunicipal corporation shall within fifteen days thereafter, by dredging\nor otherwise, restore such navigable stream to the depth as specified by\nthis article; and it shall not be lawful for such corporation to\ncontinue the diversion of any such fresh water stream after said fifteen\ndays have expired from the time of serving such notice, until the\ntidewater creek or estuary into which any such stream flows shall have\nbeen deepened to the required depth and width. If such municipal\ncorporation disputes any of the allegations of fact contained in such\nnotice, it must within three days after receiving the notice cause a\nreply in writing to be served on the town or village officer whose name\nis signed thereto by delivering the same to him personally, or to the\ntown clerk or village clerk as the case may be, and such reply in\nwriting must state what alleged fact is disputed, and also clearly\nspecify the reasons for controverting the allegations of fact contained\nin the notice.\n