N.Y. Environmental Conservation Law § 15-1945: Minor repairs in existing drainage ditches

§ 15-1945. Minor repairs in existing drainage ditches.

1. Repairs of a minor nature may be made to ditches heretofore

constructed by assessment under the former drainage law, or the laws

from which it was derived or under the provisions of this or any other

general or special law by following the procedure set forth in section

15-1943 so far as it is applicable. The total cost of such repairs shall

not exceed the sum of five thousand dollars on any one ditch for work

done under one proceeding. The cost of such work shall be paid for out

of the drainage fund provided by section 15-1957 hereof.

2. When such repairs or enlargements shall be finished, it shall be

the duty of the department to make up an itemized account of the cost

incurred in the making of such repairs or enlargements and to file the

same as provided in section 15-1955 and such cost shall thereafter be

assessed and collected within not to exceed three years as therein

provided and as further provided herein. The expenses of such repairs

and enlargements shall be apportioned among the premises to which were

originally apportioned the cost of construction of such ditch or

ditches, as shown by the apportionment made for such original

construction and filed in the county clerk's office or elsewhere

according to the valuation thereof on the last completed assessment roll

or the drainage enhancements thereof, if such have been determined.

3. In case any public corporations have contributed to the

construction of such ditch or ditches, such public corporations shall be

liable for the repair or enlargement of the ditch or ditches, in the

same proportion that they were originally assessed for the construction

of the same, which shall also be levied and collected out of the taxable

inhabitants of such public corporation in the same manner that other

taxes are levied and collected in the corporation.