§ 1502. Municipal mosquito control; costs; assessment on property\nbenefited.
1.If a local board of health of a municipality shall (a)\ndetermine, in its discretion, that, owing to the natural conditions\nwhich are favorable to the breeding of mosquitoes and owing to the\nbenefits to be secured to the public by the suppression of such\nconditions, some part or all of the expenses of suppressing or removing\na breeding place for mosquitoes should, in equity be borne by the owners\nof the property which will be benefited by such suppression; or, (b)\ndeem it necessary, in order to suppress or remove any such breeding\nplace, that any swamp, bog, meadow or other low or wet lands within the\nmunicipality over which said board has jurisdiction, shall be drained\nand that it is necessary, in
Free access — add to your briefcase to read the full text and ask questions with AI
§ 1502. Municipal mosquito control; costs; assessment on property\nbenefited. 1. If a local board of health of a municipality shall (a)\ndetermine, in its discretion, that, owing to the natural conditions\nwhich are favorable to the breeding of mosquitoes and owing to the\nbenefits to be secured to the public by the suppression of such\nconditions, some part or all of the expenses of suppressing or removing\na breeding place for mosquitoes should, in equity be borne by the owners\nof the property which will be benefited by such suppression; or, (b)\ndeem it necessary, in order to suppress or remove any such breeding\nplace, that any swamp, bog, meadow or other low or wet lands within the\nmunicipality over which said board has jurisdiction, shall be drained\nand that it is necessary, in order thereto, that a ditch or ditches or\nother channel for the free passage of water should be opened through\nlands belonging to a person or persons other than the owners of the\nlands whereon such breeding place shall be located, such local board of\nhealth shall make application to the state water power and control\ncommission to construct and complete such channels and ditches for the\nfree passage of water, or to do such other act or thing as such local\nboard of health shall have determined to be necessary upon such lands in\norder to suppress or remove such breeding place, and to apportion,\nassess and collect the amount of the cost thereof from the owners of the\nlands which will be benefited by the suppression and removal of such\nbreeding place.\n 2. The state water power and control commission shall proceed,\nconstruct and complete such channel and ditches, or do such other act or\nthing as may be necessary, and apportion, assess and collect the cost of\nthe same from the owners of the lands benefited by such suppression or\nremoval, in the manner provided for the drainage of any swamp, bog,\nmeadow or other low or wet land and the apportionment, assessment and\ncollection of the cost of such drainage, by the conservation law.\n 3. In any case where, under the provisions of this article the state\nwater power and control commission is to determine what property is\nbenefited and to what extent said property is benefited by the\nsuppression or removal of any such breeding place, such commission shall\nnot be restricted in their determination to property immediately\nadjoining the premises whereon such breeding place is located; and, in\napportioning the benefit to any property, such commission may consider\nany circumstances by reason whereon any property will be benefited by\nthe suppression and removal of such breeding place.\n 4. This article shall be construed with the provisions of the\nconservation law. In case of conflict the provisions of this article\nshall be substituted for the provisions of the conservation law, but\nsuch parts of the provisions of the conservation law as are not\nnecessarily superseded shall apply.\n