[HISTORY: Adopted by the Board of Trustees of the Village of Freeport 6-26-1967
by L.L. No. 3-1967. Amendments noted where applicable.]
Section 89, Subdivision 15, of the Village Law is hereby amended[1] by renumbering the existing Subdivision 15 as Subdivision 15-a
and adding thereto a new Subdivision 15-b, Bulkheads in the Village of Freeport.
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§ 15-a. Drains.
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The Board of Trustees may, for the purpose of arresting and preventing
damage to property within the village resulting from floods or erosion, construct
drains, culverts, dams and bulkheads and dredge channels and regulate watercourses,
ponds and watering places within or without the village. Power and authority
is hereby conferred upon the Board of Trustees of a village, in the name of
the village, to acquire property necessary for such public improvements, whether
located within or without such village, by purchase or by condemnation in
the manner provided by the Condemnation Law. No property shall be acquired
or such a public improvement constructed without the corporate limits of a
village, except with the consent of the governing board or body of the city,
town or village in which such property is situated or such public improvement
is proposed to be constructed. Such consent may only be given after a public
hearing held within such city, town or village pursuant to notice published
at least once and at least 10 days prior to the hearing in a newspaper having
general circulation in the municipality in which the hearing is to be held.
Consent given by the governing board or body by any such municipality shall
not impose a liability against the city, town or village, and the maintenance
and repair of any such improvement shall remain the responsibility of the
village making the improvement. The cost of the work, including the acquisition
of property, shall be a charge against the village, except that in respect
of improvement wholly within the village or that part thereof located therein,
the work may be done wholly at the expense of the village or of the owners
of the property benefited or partly at the expense of each as a local improvement,
but such construction or regulation or dredging shall not be wholly at the
expense of the owners of the property benefited unless consented to, in writing,
by the owners of at least 2/3 in amount of the assessed valuation of the taxable
real property against which the improvement is to be assessed. All provisions
of § 280 of this Act are hereby made applicable to such construction
or regulation or dredging and the financing thereof in the event the Board
of Trustees should so determine. The term "property," as used in this section,
is defined to include lands, structures, rights in lands, including lands
under water, riparian rights and any all other things and rights usually included
within said town and shall include also easements, rights-of-way, uses, leases,
licenses and any and all interests in such property less than full title.
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§ 15-b. Bulkheads in the Incorporated Village of Freeport.
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Notwithstanding the preceding paragraph, § 15-a, the Board
of Trustees of the incorporated Village of Freeport may construct, repair,
maintain and care for bulkheads on public waterways in the Incorporated Village
of Freeport; any direct and order such work to be done by the owner or occupant
of any property abutting such a public waterway where the existing bulkhead
or the absence of a bulkhead constitutes a dangerous or unsafe condition;
may direct and order any such work to be done by the property owner or occupant
of the property in accordance with specifications furnished by the village
and on default may have the same done by contract or performed by the village;
may pay for same from village funds and assess such total cost against the
property benefited; and may provide that the cost of any such work or improvements
be paid at a specified time or in annual installments.
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[1]
Editor's Note: For current statutory provisions, see Village
Law § 4-412, Subsection 3(1).
