N.Y. Village Law § 17-1718: Sewer districts

§ 17-1718 Sewer districts. 1. In every such village any sewer district

created or organized under the provisions of the town law shall

continue, and the board of trustees shall be and they are hereby vested

with the management and control thereof, and of the sewer systems

constructed or to be constructed therein, and of the assessment of the

costs and expenses thereof, and in every such village the board of

trustees may establish one or more additional sewer districts as

hereinafter provided, which such sewer districts shall be managed, and

the costs and expenses thereof shall be assessed, as herein provided.

2. In case a system of sewers to serve the said district shall have

been authorized as provided in the town law and maps and plans therefor

shall have been approved by the state department of health the board of

trustees may construct and complete the sewers so authorized and may

make extensions thereof and may modify and change the plans thereof, by

resolution at any regular or at any special meeting called for the

purpose; provided notice that the board of trustees will act upon the

question of authorizing the construction of specified portions of such

sewer system, or specified extensions thereof, or upon specified

modifications thereof, at a time and place to be stated therein, shall

have been posted in at least four public places in the said sewer

district and shall have been published in the official paper, or if

there be no official paper, in such newspaper published in the county as

the board of trustees may select, at least twenty-one days before such

meeting. In the event that the village maintains a website, one of the

posting requirements may be fulfilled by posting such information on the

website.

3. Any moneys advanced from the general fund of such village for the

payment of the principal and interest of any obligations issued to pay

for all or part of such construction shall be reimbursed from the

assessments hereinafter provided.

4. In case the board of trustees shall authorize the construction of

any such extension or extensions to the sewer system, which have not

been approved by the state engineer or in case the board of trustees

shall modify or change the plans for the construction and completion of

the said sewer system or any portion thereof or of any such extensions

which have theretofore been approved by the state engineer, maps and

plans of such extension or extensions and of the portions of the system

so modified or changed, prepared by a competent engineer under the

authority and direction of the board of trustees shall be approved by

the state department of health as required by law before the same shall

be constructed.

5. The board of trustees shall advertise for proposals for the

construction of such extension or extensions according to such maps and

plans either under an entire contract or in parts, or sections, as the

board may determine, and such advertisement shall be published once in

each of two successive weeks in the official paper, or if there be no

official paper then in such newspaper published in the county as the

trustees may select. The board of trustees may accept or reject any or

all proposals and shall let the contract to the lowest responsible

bidder. The board of trustees may require bidders to give a bond or

other security to be forfeited to the village in case the bidder to whom

the award is made shall refuse or neglect to enter into the required

contract, and may require the successful bidder to give a bond or other

security in an amount to be fixed by the board of trustees conditioned

upon the faithful performance of the contract. Such contracts shall be

executed in the name of the village in duplicate and one copy thereof

shall be filed in the office of the village clerk.

6. The board of trustees may employ engineers, and such inspectors as

may be necessary, to prepare maps, plans, specifications and estimates,

and to supervise the construction, and may fix their compensation which,

together with the cost of preparing the maps, plans and specifications,

and the cost of the necessary real property or interest therein, shall

be treated as a part of the expense of construction.

7. If the board of trustees are unable to agree with the owners for

the purchase of any real property or any interest therein necessary for

the construction of the said sewer system or of any extension or

extensions thereto they may acquire the same by condemnation, in the

name of the village.

8. The board of trustees shall determine by resolution the amount of

moneys required to pay the principal and interest of all outstanding

obligations issued to pay the cost of constructing the sewer system, and

the extensions thereto, and the cost of maintaining and operating the

same, and all other lawful charges against the said sewer system for the

ensuing fiscal year and assess the amount thereof upon the lands within

the sewer district in proportion as nearly as may be to the benefit

which each lot or parcel shall derive therefrom, and shall enter such

assessments in a book suitable for the purpose, which shall show the

section, block and lot number, or other suitable description of each

piece or parcel of land in the said sewer district, with the amount

assessed against each such piece or parcel of land respectively.

Thereafter the provisions of the village law relating to the filing,

correction, completion and review of the village assessment-roll, and

relating to the levy, collection and lieu of village taxes shall apply

to the filing, correction, completion and review of such sewer

assessment and to the levy, collection and lien thereof, as nearly as

may be, except that the powers and duties of the assessors with respect

thereto shall devolve upon and be performed by the board of trustees.

9. In case there be an unexpended balance remaining after the

completion of any contract or contracts for the construction of any such

sewer system or of any extension or extensions thereto and such balance

is not derived from bonds, bond anticipation notes or capital notes the

board of trustees shall, by resolution, use the same or any part thereof

for the payment of the cost of constructing extensions to such sewer

system in said district or for the purpose of retiring outstanding bonds

issued to pay for the construction of such sewer system or extensions

thereto. Any unexpended balance remaining from the proceeds of bonds,

bond anticipation notes or capital notes shall be disposed of pursuant

to section 165.00 of the local finance law.

10. The board of trustees shall adopt rules and regulations to govern

the maintenance and use of the sewer system and shall therein fix the

amount of fees that shall be chargeable to individuals or property

owners who may wish to enter or use the sewer system, which fee shall be

sufficient in amount to pay for the cost of inspection, and may

prescribe the terms and conditions upon which connections may be made

therewith, and the manner in which the same shall be made, and may

provide reasonable penalties for the violation of such rules and

regulations to be collected at the suit of the village for the use of

the sewer district.

11. The board of trustees may cause a notice to be published in the

official paper and posted in at least ten conspicuous public places in

the district, requiring the owners or occupants of all property fronting

or abutting on any street or portion thereof in the town in which any

public sewer is about to be laid or is being laid or has been laid to

make and lay connection pipes to and from the sewer mains in such street

or any portion thereof in front of each separate piece of property,

within such times and in such manner and under such inspection as such

board shall prescribe; and whenever any such owner or occupant shall

have made default in making such connection as directed in and required

by such printed notice therefor, in the manner and within the time

specified, such board shall have power and authority to 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 pipe 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 board upon each separate

piece of property opposite which the same shall be done and completed.

For the purposes of this section, in the event that the village

maintains a website, one of the posting requirements required by this

subdivision may be fulfilled by posting such notice on the website.

12. In every such sewer district it shall be the duty of the owners,

or if the owner be a nonresident of the district, of the occupants, of

premises which can be connected with any portion of the sewer system at

any time constructed, and which premises are occupied or used for

residential, business, or other purposes in which sewage matter

originates, to connect such premises with the said sewer system under

the rules and regulations adopted by the board of trustees relating

thereto, and in case such owner, or occupants, shall fail or neglect to

make and complete such connections within thirty days from the personal

service upon him of a certified copy of a resolution of the board of

trustees requiring such connection or connections to be made he shall be

liable to a fine not exceeding fifty dollars in amount and shall, in

addition thereto, be liable to a fine not exceeding ten dollars in

amount for each day during which such default shall continue after the

expiration of such period of thirty days, to be collected at the suit of

the village for the use of the sewer district. In case the cost of such

connection shall be paid by the occupant he may recover the same from

the owner or may deduct the same from any sums due or to become due from

him to such owner.

13. Nothing herein shall prevent the construction of extensions to

such sewer system in accordance with the provisions of article fourteen

of this chapter.

14. (a) In every such village the board of trustees on a petition

signed and acknowledged by the owners of more than fifty per centum in

value of the taxable real property in any proposed sewer district, as

shown by the last completed village assessment roll, and after a public

hearing thereon, may, by resolution, establish one or more sewer

districts in such village. Such petition shall describe the boundaries

of the proposed sewer district and each subscriber thereto shall set

opposite his name the assessed value of the real property owned by him

therein, as shown on the said last completed assessment roll, and such

petition shall contain a statement of the maximum amount proposed to be

expended in the construction of such sewerage system and shall also have

a statement conspicuously printed thereon as follows: "The cost of

construction and maintenance of such sewer system shall be assessed,

from year to year, by the board of trustees, upon the land within the

sewer district in proportion as nearly as may be to the benefit which

each lot or parcel will derive therefrom"; and such petition shall have

annexed thereto a map of such proposed sewer district and a plan for a

comprehensive system of sanitary sewers designed, when completed, to

serve the entire district together with plans and specifications for

sewage treatment or disposal works. The signature of a property owner

shall be acknowledged by him or it may be proved by the oath of a

witness who shall swear that he knows the property owners and that the

petition was signed by the property owners in the presence of the

witness. The petition may be in the form of separate sheets, each sheet

containing at the top thereof, the complete wording of the petition, and

when bound together and offered for filing, these shall be deemed to

constitute one petition. On receipt of such petition the board of

trustees shall grant a public hearing before taking any action on the

petition at which time full opportunity to be heard shall be granted to

all officials, residents, voters, taxpayers, property owners or other

persons or corporations in any way affected by the granting,

modification or denial of the petition. Notice of the time, place and

purpose of such hearing, containing a description of the extent of the

proposed sewer system, shall be given by such board by posting such

notice in four of the most public places within the village at least

twenty-one days prior thereto and by publishing a notice in the official

newspaper once in each of the three weeks immediately preceding the week

in which the hearing is to be held. In the event that the village

maintains a website, one of the posting requirements may be fulfilled by

posting such information on the website. After a hearing held in

accordance with this notice and upon the evidence given thereat the

board of trustees shall determine whether it is in the public interest

to grant the petition, modify it or deny the relief sought. A signed or

certified copy of the determination of the board of trustees shall be

duly recorded in the office of the county clerk of the county in which

such village is located and when so recorded shall be presumptive

evidence of the regularity of the creation of the sewerage system by

said board. Said action shall be subject to review by certiorari upon

application made within thirty days following date of filing with the

county clerk which application shall be accompanied by an undertaking

approved by the supreme court or a justice thereof, providing for

reimbursing the expenses of the board of trustees in the event their

determination is not modified. At the expiration of the period allowed

for certiorari proceedings and subject to the reviewing court's order,

if any, the board of trustees shall proceed to construct such sewerage

system but before any part of the sewerage system is constructed in any

such sewer district the maps and plans therefor shall be approved by the

state department of health. In passing upon said plans due consideration

shall be given to the adaptability of the proposed sewerage system for

the district to possible future enlargements and to inclusion in a

general sewerage system to care for the village as a whole or parts of

the village forming natural drainage areas. The cost of preparing such

maps and plans in the first instance shall be borne by the petitioners,

but the reasonable amount thereof as audited and allowed by the board of

trustees, shall be a charge against the said sewer district, if the same

is established.

(b) In case any such sewer district shall be established, as herein

provided, the board of trustees may from time to time authorize the

construction under one or more contracts, or by village forces of all,

or any portion or portions of, the sewer system therein. The amounts of

principal and interest of any obligations issued for the construction of

the sewer system falling due in any year, together with the cost of

maintaining, repairing and operating the said sewers, shall be assessed

from year to year upon the real property within such district in

proportion as nearly as may be to the benefit which each lot or parcel

of land will derive therefrom.

(c) The board of trustees of said village and the body, officer or

board having control of the sewers in any other municipality shall have

power to contract in the names of their respective municipalities for

the use of any such sewer district or outlet or other facilities and

appurtenances owned, controlled or operated by such other municipality,

and agree upon the value thereof and upon the method and times of

payment therefor.

(d) The board of trustees may appoint a sewer commission to construct,

manage and operate the sewers in any such sewer district, whose members

shall hold office during the pleasure of the board of trustees, and who

shall perform such duties and exercise such powers as the board of

trustees may from time to time prescribe.

(e) The provisions of section 17-1718 of this article shall apply to

any sewer district established pursuant to the provisions of this

subdivision.