N.Y. Environmental Conservation Law § 15-2313: Operation, maintenance, repair and extension of river improvements

§ 15-2313. Operation, maintenance, repair and extension of river

improvements.

1. The care, operation and maintenance of any works of the river

improvement district shall be subject to the control and supervision of

the department. It shall be the duty of the department to maintain any

works constructed by it in serviceable condition. To that end the

department is authorized to hire employees, purchase or rent land,

buildings, tools or machinery, to let work by contract or to carry out

projects by day labor. The procedure to be followed for the

authorization, financing and assessment of the cost of such work or

purchases shall be that specified in section 15-2303 except that

proceedings may be initiated by the department of its own motion. In

cases where a permanent maintenance or operating force is necessary, the

department may annually prepare a maintenance budget which shall be

treated as a repair project under subdivision 2 below.

2. Major repairs, alterations, extensions and improvements in any

river improvement district may be made by the department on petition

therefor and after procedure thereon similar to that specified in

section 15-2303 hereof, for original construction. If additional surveys

are required, they may be authorized and paid for as provided in section

15-2303 hereof, except that the cost of surveys and other expenses may

be included in the cost of the improvement and assessed on the

properties benefited in accordance with the benefits to be derived from

such improvements. Except where the department shall otherwise

determine, the cost of improvements and repairs on works already built

under the provisions of title 23 of this article, shall be assessed in

the same manner as the original cost was assessed, but the department

may make a new assessment by following the procedure above specified.

Any such project for repairs, alterations, extensions and improvements

may be initiated by the department.