N.Y. Village Law § 14-1438

Current through 2024 NY Law Chapter 457
Section 14-1438 - Sewer connections
1. The board of sewer commissioners may cause a notice to be published in the official newspaper of the village requiring the owners or occupants of any and all property fronting or abutting on any street or portion thereof in or upon which any public sewer is about to be laid or is being laid or has been laid by the said board to make and lay connection pipes to and from the sewer mains in said street or any portion thereof in front of each separate piece of property and where directed by said board, as in this section or in other sections of this act provided, within such time and in such manner and under such inspection as said board shall prescribe and whenever any such owner or occupant shall have made default in making such connections with said sewer mains opposite the lands and premises owned or occupied by him as directed in and required by said printed notice therefor in the manner and within the time specified, the said board shall have power and authority to so make, extend and complete the same to the property line of the lands and premises so owned or occupied opposite thereto and in front thereof and to connect the same with any existing connecting pipes in front thereof and the actual expense thereof, including all labor done and materials used in doing and completing the same, shall be assessed by the trustees of the village upon each separate piece of property opposite which the same shall be done and completed and shall be a lien and liens on said premises and lots of land respectively, and the same shall be collected in the same manner as other local assessments or assessments for local improvements as provided by the special charter of the village or the general village laws of the state as the case may be, and when so collected the amount thereof shall be paid into the sewer fund of the village.
2. The board of sewer commissioners shall also have authority to determine the manner and conditions under which said sewer laterals shall be installed and maintained and shall have authority to install and maintain said sewer laterals and to adopt such uniform service charges as they deem just for each sewer lateral so connected with the public sewer and extending to the street or right of way lines, regardless of the location of said public sewer within said streets or rights of way lines and regardless of the soil, rock or other physical conditions within said streets or rights of way lines. Notice shall be served pursuant to subdivision one of this section.

Such uniform service charge as the board may adopt shall be any percentage of the cost up to but not exceeding the average actual cost of installing such sewer laterals as before described. Such percentage of the average actual cost of installing such sewer laterals as may not be charged shall be borne by the village. Should the owner of property so connected default, the board shall act in the manner prescribed in subdivision one of this section.

The said board shall have authority to apply such percentage of the average actual cost of installing such sewer laterals as the village might pay, to such other sewer lateral connection for the same property or properties as in the judgment of the board might be advisable.

3. Nothing herein contained shall be construed to prevent the financing, in whole or in part, pursuant to the local finance law, of any expense incurred by the village pursuant to this section.

N.Y. Village Law § 14-1438