N.Y. Environmental Conservation Law § 17-1741: Sewerage; construction; villages

§ 17-1741. Sewerage; construction; villages.

1. Whenever any local board of health in any incorporated village

shall deem the sewers of such village insufficient to properly and

safely sewer such village, and protect the public health, it shall

certify such fact in writing, stating and recommending what additions or

alterations should in the judgment of such board of health be made, with

its reasons therefor, to the commissioner for his approval.

2. If such recommendations shall be approved by the commissioner, and

the plans therefor be approved by the department, it shall be the duty

of the board of trustees or other board or officials of such village

having jurisdiction of the construction of sewers therein, whether

sufficient funds shall be on hand for such purpose or not, to forthwith

make such additions to or alterations in the sewers of such village and

execute such recommendations.

3. The expenses of such additions to, or alterations to the sewerage

of such village shall be paid for wholly by said village in the same

manner as other village expenses are paid or by an assessment of the

whole amount against the property benefited, or partly by the village

and partly by an assessment against the property benefited, as the board

of trustees of such village shall by resolution determine.

4. If the board of trustees shall determine that such expenses shall

be paid partly by the village and partly by an assessment against the

property benefited, as authorized by this section, it shall in the

resolution making such determination fix the proportion of such expense

to be borne by each, and the proportion thereof to be raised by an

assessment against the property benefited shall be assessed and

collected in the same manner provided by the Village Law for the

assessment and collection of sewer assessments.

5. Said village is hereby authorized to raise such sum as may be

necessary for the payment of the expenses incurred, which are a village

charge, if any, as herein provided, in addition to the amount such

village is now authorized to raise by law for corporation purposes, and

such board shall have the right to acquire such lands, right of way, or

other easements, by gift, or purchase, or in case the same cannot be

acquired by purchase may acquire the same by condemnation in the manner

provided by law.