§ 17-1718 — Sewer districts

New York § 17-1718

• Jurisdiction: New York
• Law VIL: Village
• Art. 17: Provisions Applicable to a Village Embracing the Entire Territory of a Town

Text

§ 17-1718 Sewer districts. 1. In every such village any sewer district\ncreated or organized under the provisions of the town law shall\ncontinue, and the board of trustees shall be and they are hereby vested\nwith the management and control thereof, and of the sewer systems\nconstructed or to be constructed therein, and of the assessment of the\ncosts and expenses thereof, and in every such village the board of\ntrustees may establish one or more additional sewer districts as\nhereinafter provided, which such sewer districts shall be managed, and\nthe costs and expenses thereof shall be assessed, as herein provided.\n 2. In case a system of sewers to serve the said district shall have\nbeen authorized as provided in the town law and maps and plans therefor\nshall have been approved by the state department of health the board of\ntrustees may construct and complete the sewers so authorized and may\nmake extensions thereof and may modify and change the plans thereof, by\nresolution at any regular or at any special meeting called for the\npurpose; provided notice that the board of trustees will act upon the\nquestion of authorizing the construction of specified portions of such\nsewer system, or specified extensions thereof, or upon specified\nmodifications thereof, at a time and place to be stated therein, shall\nhave been posted in at least four public places in the said sewer\ndistrict and shall have been published in the official paper, or if\nthere be no official paper, in such newspaper published in the county as\nthe board of trustees may select, at least twenty-one days before such\nmeeting. In the event that the village maintains a website, one of the\nposting requirements may be fulfilled by posting such information on the\nwebsite.\n 3. Any moneys advanced from the general fund of such village for the\npayment of the principal and interest of any obligations issued to pay\nfor all or part of such construction shall be reimbursed from the\nassessments hereinafter provided.\n 4. In case the board of trustees shall authorize the construction of\nany such extension or extensions to the sewer system, which have not\nbeen approved by the state engineer or in case the board of trustees\nshall modify or change the plans for the construction and completion of\nthe said sewer system or any portion thereof or of any such extensions\nwhich have theretofore been approved by the state engineer, maps and\nplans of such extension or extensions and of the portions of the system\nso modified or changed, prepared by a competent engineer under the\nauthority and direction of the board of trustees shall be approved by\nthe state department of health as required by law before the same shall\nbe constructed.\n 5. The board of trustees shall advertise for proposals for the\nconstruction of such extension or extensions according to such maps and\nplans either under an entire contract or in parts, or sections, as the\nboard may determine, and such advertisement shall be published once in\neach of two successive weeks in the official paper, or if there be no\nofficial paper then in such newspaper published in the county as the\ntrustees may select. The board of trustees may accept or reject any or\nall proposals and shall let the contract to the lowest responsible\nbidder. The board of trustees may require bidders to give a bond or\nother security to be forfeited to the village in case the bidder to whom\nthe award is made shall refuse or neglect to enter into the required\ncontract, and may require the successful bidder to give a bond or other\nsecurity in an amount to be fixed by the board of trustees conditioned\nupon the faithful performance of the contract. Such contracts shall be\nexecuted in the name of the village in duplicate and one copy thereof\nshall be filed in the office of the village clerk.\n 6. The board of trustees may employ engineers, and such inspectors as\nmay be necessary, to prepare maps, plans, specifications and estimates,\nand to supervise the construction, and may fix their compensation which,\ntogether with the cost of preparing the maps, plans and specifications,\nand the cost of the necessary real property or interest therein, shall\nbe treated as a part of the expense of construction.\n 7. If the board of trustees are unable to agree with the owners for\nthe purchase of any real property or any interest therein necessary for\nthe construction of the said sewer system or of any extension or\nextensions thereto they may acquire the same by condemnation, in the\nname of the village.\n 8. The board of trustees shall determine by resolution the amount of\nmoneys required to pay the principal and interest of all outstanding\nobligations issued to pay the cost of constructing the sewer system, and\nthe extensions thereto, and the cost of maintaining and operating the\nsame, and all other lawful charges against the said sewer system for the\nensuing fiscal year and assess the amount thereof upon the lands within\nthe sewer district in proportion as nearly as may be to the benefit\nwhich each lot or parcel shall derive therefrom, and shall enter such\nassessments in a book suitable for the purpose, which shall show the\nsection, block and lot number, or other suitable description of each\npiece or parcel of land in the said sewer district, with the amount\nassessed against each such piece or parcel of land respectively.\nThereafter the provisions of the village law relating to the filing,\ncorrection, completion and review of the village assessment-roll, and\nrelating to the levy, collection and lieu of village taxes shall apply\nto the filing, correction, completion and review of such sewer\nassessment and to the levy, collection and lien thereof, as nearly as\nmay be, except that the powers and duties of the assessors with respect\nthereto shall devolve upon and be performed by the board of trustees.\n 9. In case there be an unexpended balance remaining after the\ncompletion of any contract or contracts for the construction of any such\nsewer system or of any extension or extensions thereto and such balance\nis not derived from bonds, bond anticipation notes or capital notes the\nboard of trustees shall, by resolution, use the same or any part thereof\nfor the payment of the cost of constructing extensions to such sewer\nsystem in said district or for the purpose of retiring outstanding bonds\nissued to pay for the construction of such sewer system or extensions\nthereto. Any unexpended balance remaining from the proceeds of bonds,\nbond anticipation notes or capital notes shall be disposed of pursuant\nto section 165.00 of the local finance law.\n 10. The board of trustees shall adopt rules and regulations to govern\nthe maintenance and use of the sewer system and shall therein fix the\namount of fees that shall be chargeable to individuals or property\nowners who may wish to enter or use the sewer system, which fee shall be\nsufficient in amount to pay for the cost of inspection, and may\nprescribe the terms and conditions upon which connections may be made\ntherewith, and the manner in which the same shall be made, and may\nprovide reasonable penalties for the violation of such rules and\nregulations to be collected at the suit of the village for the use of\nthe sewer district.\n 11. The board of trustees may cause a notice to be published in the\nofficial paper and posted in at least ten conspicuous public places in\nthe district, requiring the owners or occupants of all property fronting\nor abutting on any street or portion thereof in the town in which any\npublic sewer is about to be laid or is being laid or has been laid to\nmake and lay connection pipes to and from the sewer mains in such street\nor any portion thereof in front of each separate piece of property,\nwithin such times and in such manner and under such inspection as such\nboard shall prescribe; and whenever any such owner or occupant shall\nhave made default in making such connection as directed in and required\nby such printed notice therefor, in the manner and within the time\nspecified, such board shall have power and authority to make, extend and\ncomplete the same to the property line of the lands and premises so\nowned or occupied opposite thereto and in front thereof, and to connect\nthe same with any existing pipe in front thereof, and the actual expense\nthereof, including all labor done and materials used in doing and\ncompleting the same, shall be assessed by the board upon each separate\npiece of property opposite which the same shall be done and completed.\nFor the purposes of this section, in the event that the village\nmaintains a website, one of the posting requirements required by this\nsubdivision may be fulfilled by posting such notice on the website.\n 12. In every such sewer district it shall be the duty of the owners,\nor if the owner be a nonresident of the district, of the occupants, of\npremises which can be connected with any portion of the sewer system at\nany time constructed, and which premises are occupied or used for\nresidential, business, or other purposes in which sewage matter\noriginates, to connect such premises with the said sewer system under\nthe rules and regulations adopted by the board of trustees relating\nthereto, and in case such owner, or occupants, shall fail or neglect to\nmake and complete such connections within thirty days from the personal\nservice upon him of a certified copy of a resolution of the board of\ntrustees requiring such connection or connections to be made he shall be\nliable to a fine not exceeding fifty dollars in amount and shall, in\naddition thereto, be liable to a fine not exceeding ten dollars in\namount for each day during which such default shall continue after the\nexpiration of such period of thirty days, to be collected at the suit of\nthe village for the use of the sewer district. In case the cost of such\nconnection shall be paid by the occupant he may recover the same from\nthe owner or may deduct the same from any sums due or to become due from\nhim to such owner.\n 13. Nothing herein shall prevent the construction of extensions to\nsuch sewer system in accordance with the provisions of article fourteen\nof this chapter.\n 14. (a) In every such village the board of trustees on a petition\nsigned and acknowledged by the owners of more than fifty per centum in\nvalue of the taxable real property in any proposed sewer district, as\nshown by the last completed village assessment roll, and after a public\nhearing thereon, may, by resolution, establish one or more sewer\ndistricts in such village. Such petition shall describe the boundaries\nof the proposed sewer district and each subscriber thereto shall set\nopposite his name the assessed value of the real property owned by him\ntherein, as shown on the said last completed assessment roll, and such\npetition shall contain a statement of the maximum amount proposed to be\nexpended in the construction of such sewerage system and shall also have\na statement conspicuously printed thereon as follows: "The cost of\nconstruction and maintenance of such sewer system shall be assessed,\nfrom year to year, by the board of trustees, upon the land within the\nsewer district in proportion as nearly as may be to the benefit which\neach lot or parcel will derive therefrom"; and such petition shall have\nannexed thereto a map of such proposed sewer district and a plan for a\ncomprehensive system of sanitary sewers designed, when completed, to\nserve the entire district together with plans and specifications for\nsewage treatment or disposal works. The signature of a property owner\nshall be acknowledged by him or it may be proved by the oath of a\nwitness who shall swear that he knows the property owners and that the\npetition was signed by the property owners in the presence of the\nwitness. The petition may be in the form of separate sheets, each sheet\ncontaining at the top thereof, the complete wording of the petition, and\nwhen bound together and offered for filing, these shall be deemed to\nconstitute one petition. On receipt of such petition the board of\ntrustees shall grant a public hearing before taking any action on the\npetition at which time full opportunity to be heard shall be granted to\nall officials, residents, voters, taxpayers, property owners or other\npersons or corporations in any way affected by the granting,\nmodification or denial of the petition. Notice of the time, place and\npurpose of such hearing, containing a description of the extent of the\nproposed sewer system, shall be given by such board by posting such\nnotice in four of the most public places within the village at least\ntwenty-one days prior thereto and by publishing a notice in the official\nnewspaper once in each of the three weeks immediately preceding the week\nin which the hearing is to be held. In the event that the village\nmaintains a website, one of the posting requirements may be fulfilled by\nposting such information on the website. After a hearing held in\naccordance with this notice and upon the evidence given thereat the\nboard of trustees shall determine whether it is in the public interest\nto grant the petition, modify it or deny the relief sought. A signed or\ncertified copy of the determination of the board of trustees shall be\nduly recorded in the office of the county clerk of the county in which\nsuch village is located and when so recorded shall be presumptive\nevidence of the regularity of the creation of the sewerage system by\nsaid board. Said action shall be subject to review by certiorari upon\napplication made within thirty days following date of filing with the\ncounty clerk which application shall be accompanied by an undertaking\napproved by the supreme court or a justice thereof, providing for\nreimbursing the expenses of the board of trustees in the event their\ndetermination is not modified. At the expiration of the period allowed\nfor certiorari proceedings and subject to the reviewing court's order,\nif any, the board of trustees shall proceed to construct such sewerage\nsystem but before any part of the sewerage system is constructed in any\nsuch sewer district the maps and plans therefor shall be approved by the\nstate department of health. In passing upon said plans due consideration\nshall be given to the adaptability of the proposed sewerage system for\nthe district to possible future enlargements and to inclusion in a\ngeneral sewerage system to care for the village as a whole or parts of\nthe village forming natural drainage areas. The cost of preparing such\nmaps and plans in the first instance shall be borne by the petitioners,\nbut the reasonable amount thereof as audited and allowed by the board of\ntrustees, shall be a charge against the said sewer district, if the same\nis established.\n (b) In case any such sewer district shall be established, as herein\nprovided, the board of trustees may from time to time authorize the\nconstruction under one or more contracts, or by village forces of all,\nor any portion or portions of, the sewer system therein. The amounts of\nprincipal and interest of any obligations issued for the construction of\nthe sewer system falling due in any year, together with the cost of\nmaintaining, repairing and operating the said sewers, shall be assessed\nfrom year to year upon the real property within such district in\nproportion as nearly as may be to the benefit which each lot or parcel\nof land will derive therefrom.\n (c) The board of trustees of said village and the body, officer or\nboard having control of the sewers in any other municipality shall have\npower to contract in the names of their respective municipalities for\nthe use of any such sewer district or outlet or other facilities and\nappurtenances owned, controlled or operated by such other municipality,\nand agree upon the value thereof and upon the method and times of\npayment therefor.\n (d) The board of trustees may appoint a sewer commission to construct,\nmanage and operate the sewers in any such sewer district, whose members\nshall hold office during the pleasure of the board of trustees, and who\nshall perform such duties and exercise such powers as the board of\ntrustees may from time to time prescribe.\n (e) The provisions of section 17-1718 of this article shall apply to\nany sewer district established pursuant to the provisions of this\nsubdivision.\n