§ 19 — Power of trustees in laying out streets, sidewalks, etc.; damages therefor, how recovered

The trustees of said Village may lay out, alter, maintain, or discontinue any street, road, lane, alley, or walk in said Village and appraise and settle damages therefor, causing their proceedings to be recorded in the Town Clerk’s office of said Town of Barton, provided that any person aggrieved by their proceedings shall have the same right and opportunity for applying to the County Court of the County of Orleans to obtain redress in the premises as is or may be allowed and provided by law to persons aggrieved by proceedings of the selectboard in like matters or proceedings. Said trustees, in making, altering, or repairing sidewalks or building new streets, or constructing or repairing gutters, drains, or sewers for the protection or improvement of streets or roads, shall have power, subject to the bylaws and ordinances of said Village, on giving not less than 12 days’ notice to the persons or parties in interest of the time and place of hearing, to assess the lands adjoining such streets, sidewalks, or roads, or the owners of lands to be specially benefitted by such street, walk, road, sewer, or gutter, such sum or sums of money toward the expense thereof as the trustees shall judge such lands and such owners to be benefited thereby; and when they shall have made any such assessment they shall make report thereof setting forth their doings in that respect, which report they shall cause to be recorded in the Town Clerk’s office in said Barton; and when so recorded, the amount so assessed shall be and remain a lien in the nature of a tax upon the land so benefited or assessed until the same shall be paid or set aside, vacated, or avoided by legal proceedings or otherwise. From such assessment there shall be the same right of appeal by any person or party aggrieved to the County Court of said County of Orleans, and the same proceedings in respect to such appeal as is above provided in this section, and the final decision of the County Court in the matter of such appeal shall within 30 days next after such decision is rendered, be recorded in the Town Clerk’s office of said Town of Barton; and when so recorded the same shall be and constitute a lien upon the land so benefited or assessed, which lien shall continue until said assessment is paid; but such appeal from such assessment shall not vacate said lien or delay the making, altering, repairing, building, or constructing said streets, sidewalks, gutters, sewers, or drains; and if the owner of such lands shall neglect, for the space of more than 60 days after the final decision, of said trustees, or in case of an appeal to County Court, shall neglect for more than 60 days after the final decision of said Court to pay the Village Treasurer the amount of such assessment the trustees shall issue their warrants for the collection of the same, directed to the Village Collector of Taxes, who shall have power and authority to sell at public auction so much of said land or other property of the delinquent not exempt from attachment or levy of execution in distraint for taxes as will satisfy said assessment and all legal costs and fines, and who shall proceed as to and in making such sales in the same manner as collectors of town taxes are required by law to proceed in selling real estate or personal property at auction for the collection of town taxes.

Legislative History

(Added 1892, No. 114, § 19.)