[HISTORY: Adopted by the Town Board of the Town of Lewisboro 4-8-1980 by L.L. No. 1-1980. Amendments noted where applicable.]
Pursuant to the provisions of § 130, Subdivision 15-a, of the Town Law, upon the direction of the Town Board, the Superintendent of Highways of the Town of Lewisboro shall have the right and power to fill in any excavated lands and property, provided that:
The Town Board shall have deemed, after a public hearing thereon, that the existence of such excavated premises constitutes a hazard to public health and safety.
After 30 days' notice given by the Superintendent of Highways by certified mail addressed to the owner of record of such excavated lands and property at the address shown on the last preceding assessment roll of the Town, such excavated lands and property are not filled in by or on behalf of such owner.
The Superintendent of Highways shall fill in such excavated lands and property with the assistance of such employees or agents of the Town or independent contractors as shall be set forth in the direction of the Town Board.
[Amended 11-26-1991 by L.L. No. 1-1991]
The cost of such filling shall be assessed against such lands and property by the Superintendent of Highways. The Superintendent of Highways shall serve personally or by certified mail upon the owner of such property at the same address a written notice stating that, at a time and place specified therein, he will assess such cost against such property. Such notice shall be served in accordance with the provisions of § 130 of the Town Law. At the time and place so specified, the Superintendent of Highways shall hear the parties interested and shall thereupon complete the assessment, stating therein the names of each owner and the amount so assessed and shall return such assessment to the Town Clerk, who shall present the same to the Town Board. The Town Board shall certify such assessment and, in accordance with the provision of Chapter 283 of the Westchester County Code, shall cause the amount stated therein to be levied against such property, and any uncollected assessment shall be a lien upon the land affected. Such amount shall be levied and collected at the same time and in the same manner of other Town taxes and shall be paid to the Supervisor of the Town to be applied in reimbursing the fund from which such cost was defrayed.