N.Y. Village Law § 14-1438: Sewer connections

§ 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.