Village of Owego, NY
Tioga County
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Table of Contents
Table of Contents
[HISTORY: Adopted 4-9-1851 as L. 1851, c. III. Amendments noted where applicable.]
[Amended by L. 1872, c. 170, § 12; 4-21-1997 by L.L. No. 2-1997]
All acts and parts of acts defining or establishing territorial limits of the Village of Owego are hereby repealed, and hereafter the territory within the following limits shall constitute the Village of Owego, to wit: Commencing at a point in the north line of Cox's patent, which is the southeast corner of the farm formerly owned by Joel Goodspeed, and running thence south sixty-eight degrees and thirty minutes west, to a point which is twenty feet south of the southeasterly corner of the barn formerly owned by Henry McCormick, and thence the same course continued to intersect the line between the lands belonging to the estate of Frederick H. Pumpelly, deceased, and Jacob Hand; thence northerly on said line to the south bank of the Susquehanna River; thence northwesterly across said river to intersect the west line of the Town of Owego at the mouth of Owego Creek; thence northerly on said west line of the Town of Owego to a point which is due west of the center of the mouth of the Huntington Creek; thence east to the center of said creek; thence easterly along the center of said creek to the line between the lands formerly owned by William P. Raymond and the lands belonging to the estate of David A. Allen; thence southerly on the line of lots to the northeasterly corner of the Evergreen cemetery; thence easterly to the northwest corner of lot number twenty-six, in McMaster's west half township; thence southerly on the west line of said lot number twenty-six to the north bank of the Susquehanna River; thence southwesterly across said river to the northeasterly corner of the farm formerly owned by John J. Taylor, thence south thirty-six degrees west, to the place of beginning; and the inhabitants residing therein shall be a corporation by the name of the Village of Owego.
[Amended by L. 1947, c. 882, § 1]
The said village shall continue to be divided into three wards now existing, as follows:
1.
First ward. All parts of the village lying south of the center line of Main Street shall be constituted and known as the first ward.
2.
Second ward. All that part of the village lying north of the center line of Main Street and east of the center line of North Avenue shall be constituted and known as the second ward.
3.
Third ward. All that part of the village lying north of the center line of Main Street and west of the center line of North Avenue shall be constituted and known as the third ward.
[Amended by L. 1947, c. 882, § 2; 9-19-1994 by L.L. No. 3-1994; 4-21-1997 by L.L. No. 2-1997; 7-18-2011 by L.L. No. 4-2011]
The officers of the village shall be one Mayor, two Trustees for each ward, who shall be residents thereof, one Police Justice, one Acting Police Justice, one Treasurer, one Clerk, one Chief of Police, and as many village policemen as the Board of Trustees shall deem necessary, one Superintendent of Public Works, one Chief Engineer and three Assistant Engineers of the Fire Department and three Assessors so long as Assessors are elective officers under this act. The Board of Trustees shall also have power to appoint and fix compensation for a legal counsel for the village, who shall be appointed as either a Village Attorney serving as a public officer or an individual or law firm serving as an independent contractor for the village. Said legal counsel shall reside within the village or have offices within the village, and the term shall be for one year beginning on the first day of the fiscal year and ending on the last day of the fiscal year. The Mayor, Trustees, Police Justice and Treasurer shall be elective officer; and the Assessors also shall be elective officers so long as their election is provided for by this act. The officers of the Owego Fire Department, hereinbefore enumerated in this section, as officers of the village shall be elected by the members of said Fire Department, as prescribed by section two of chapter two hundred ninety-seven of the laws of eighteen hundred sixty-two, and the acts amendatory thereof. All other village officers shall be appointed by the Board of Trustees. Nothing contained in this section shall be deemed to preclude the election or appointment of other officers authorized by law.[1]
[1]
Editor's Note: Laws of 1947, Chapter 882, Sec. 20, provides that the provisions of Sections 3, 5, 7, 11 and 12 of Chapter III of the Laws of 1851, as amended or added, as the case may be, by this act, shall apply only with respect to the officers of the Village of Owego to be elected at the annual village election to be held in the year 1948 and thereafter, and to officers of such village to be appointed from and after such village election to be held in the year 1948 and the provisions of Sections 3, 11 and 12 of such chapter, as in force and effect at the time this act takes effect, shall continue to apply with respect to village officers otherwise.
[Amended by L. 1947, c. 882, § 4; 9-16-1985 by L.L. No. 3-1985; 2-20-2001 by L.L. No. 1-2001; 2-6-2012 by L.L. No. 1-2012; 1-7-2013 by L.L. No. 2-2013]
The annual compensation of the Mayor shall be $5,000, and the annual compensation of each Trustee shall be $2,400.
[Amended by L. 1947, c. 882, § 5]
Elective offices shall be filled at the annual village election of the year in which the terms of offices shall expire. If a vacancy in an elective office occurs more than twenty days prior to an annual village election, at which a successor for a full term is not to be chosen, it shall be filled at such election for the remainder of the unexpired term. Vacancies occurring at any other time shall be filled by appointment by the Board of Trustees.
[1]
Editor's Note: Laws of 1947, Chapter 882, Sec. 20, provides that the provisions of Sections 3, 5, 7, 11 and 12 of Chapter III of the Laws of 1851, as amended or added, as the case may be, by this act, shall apply only with respect to the officers of the Village of Owego to be elected at the annual village election to be held in the year 1948 and thereafter, and to officers of such village to be appointed from and after such village election to be held in the year 1948 and the provisions of Sections 3, 11 and 12 of such chapter, as in force and effect at the time this act takes effect, shall continue to apply with respect to village officers otherwise.
[Amended by L. 1947, c. 882, § 6]
The annual village election under this act shall be held on the third Tuesday in March.
[Amended by L. 1947, c. 882, § 8]
An "official year" begins at noon on the first Monday in the month following the annual village election and ends at noon on the same Monday in the next calendar year. A "fiscal year" begins on August first and ends on July thirty-first in the next calendar year.
[1]
Editor's Note: Laws of 1947, Chapter 882, Sec. 20, provides that the provisions of Sections 3, 5, 7, 11 and 12 of Chapter III of the Laws of 1851, as amended or added, as the case may be, by this act, shall apply only with respect to the officers of the Village of Owego to be elected at the annual village election to be held in the year 1948 and thereafter, and to officers of such village to be appointed from and after such village election to be held in the year 1948 and the provisions of Sections 3, 11 and 12 of such chapter, as in force and effect at the time this act takes effect, shall continue to apply with respect to village officers otherwise.
[1]
Editor's Note: Former § 8, Polls, was repealed by L. 1947, c. 882, § 7.
[1]
Editor's Note: Former § 9, Oath of office, was repealed by L. 1947, c. 882, § 7.
[1]
Editor's Note: Former § 10, Vacancies, was repealed by L. 1947, c. 882, § 7.
[Amended by L. 1947, c. 882, § 9]
1.
The term of office of the Mayor shall be two official years.
2.
The term of office of the Treasurer shall be two official years.
3.
One Trustee shall be elected annually from each of the several wards in the village, whose term of office shall be two official years and who shall succeed to the elective term of office then expiring of Trustee for such ward. In case it shall be necessary at any time to elect two Trustees for any such ward, the name of such office printed on the official ballot over the name of the proper candidate shall be followed with the words "to fill vacancy" and "full term," added thereto in accordance with the names of the proper candidate respectively.
4.
One Assessor shall be elected at the annual village election to be held in the year nineteen hundred forty-eight to serve for as term of two official years; and one Assessor shall be elected at the annual village election to be held in the year nineteen hundred forty-nine to serve for a term of one official year. At the annual village election to be held in the year nineteen hundred fifty and thereafter no Assessor shall be elected.
5.
A Police Justice shall be elected at every fourth annual village election in said village from and after the annual village election therein in the year eighteen hundred ninety-three. The term of office of the Police Justice shall be four official years.
[1]
Editor's Note: Laws of 1947, Chapter 882, Sec. 20, provides that the provisions of Sections 3, 5, 7, 11 and 12 of Chapter III of the Laws of 1851, as amended or added, as the case may be, by this act, shall apply only with respect to the officers of the Village of Owego to be elected at the annual village election to be held in the year 1948 and thereafter, and to officers of such village to be appointed from and after such village election to be held in the year 1948 and the provisions of Sections 3, 11 and 12 of such chapter, as in force and effect at the time this act takes effect, shall continue to apply with respect to village officers otherwise.
[Amended by L. 1947, c. 882, § 10]
The term of office of the Clerk shall be two official years.
[1]
Editor's Note: Laws of 1947, Chapter 882, Sec. 20, provides that the provisions of Sections 3, 5, 7, 11 and 12 of Chapter III of the Laws of 1851, as amended or added, as the case may be, by this act, shall apply only with respect to the officers of the Village of Owego to be elected at the annual village election to be held in the year 1948 and thereafter, and to officers of such village to be appointed from and after such village election to be held in the year 1948 and the provisions of Sections 3, 11 and 12 of such chapter, as in force and effect at the time this act takes effect, shall continue to apply with respect to village officers otherwise.
[1]
Editor's Note: Former § 13, Official bonds, was repealed by L. 1947, c. 882, § 11.
[1]
Editor's Note: Former § 14, Delivery of books and papers, was repealed by L. 1947, c. 882, § 11.
[1]
Editor's Note: Former § 15, The Mayor, was repealed by L. 1947, c. 882, § 11.
[Amended by L. 1947, c. 882, § 12]
1.
In addition to all other powers provided by or pursuant to law, the Board of Trustees shall have power to prevent or regulate bathing in the waters of the rivers or creeks within or adjoining the village.
2.
Notwithstanding any inconsistent provision of law, the Board of Trustees may appoint a Police Justice to take office upon the expiration in the calendar year nineteen hundred forty-nine of the term of office of the Police Justice now in office and to serve until the commencement of the official year beginning in the calendar year nineteen hundred forty-nine.
[1]
Editor's Note: Former § 17, Superintendent of Public Works, was repealed by L. 1947, c. 882, § 13.
[Amended by L. 1947, c. 882, § 14]
The civil jurisdiction of the Police Justice shall be limited to cases in which the village shall be a party in interest.
[1]
Editor's Note: Former § 19, as amended which bore no title and pertained to the payment of the Police Justice and the manner in which all processes, mandates and orders should be issued, was repealed by L. 1947, c. 882, § 15.
[1]
Editor's Note: Former § 20, as amended, pertained to the limitation of civil jurisdiction of the Police Justice, was repealed by L. 1947, c. 882, § 15.
[Amended by L. 1903, c. 264, § 1; 12-20-1982 by L.L. No. 7-1982]
In case of the absence from the village or inability, for any cause, of the Police Justice to act, his powers and duties are hereby conferred upon such resident of the Village of Owego or of the County of Tioga, possessing such qualifications as would make him eligible to the office of Police Justice, as shall be designated and appointed by the Mayor as Acting Police Justice. A preference in appointment shall be given to a qualified resident of the Village of Owego. Such designation and appointment shall be in writing, duly acknowledged and filed with the Village Clerk. Such acting Police Justice shall take the oath and file the bond required of the Police Justice; and in case of and during the absence, or inability from any cause of the Police Justice to act, shall have and exercise all the power and jurisdiction conferred upon the Police Justice by this act, and all the provisions of this act in reference to such Police Justice shall, in case of his disability or absence, be deemed to and shall apply to such Acting Police Justice. He shall keep the same books, make the same reports and receive the same pro rata compensation as hereinafter provided; and all such compensation to which such Acting Police Justice shall be entitled, for performing the duties of Police Justice, shall be deducted from the salary of the police justice above mentioned and paid, on demand, to such Acting Police Justice. Except in the absence from the village or disability from any cause of the Police Justice to act, the Acting Police Justice shall have no power of jurisdiction whatever, except as hereinafter provided. When it shall be made to appear to him on oath, on application to him for process, that such Police Justice is absent from the village, or unable to act from any cause, such Acting Police Justice shall have jurisdiction to entertain and act on such application until such allegation of absence or inability shall have been shown to have been false, when he shall at once stay all further proceedings in such matter and dismiss such case and shall be entitled to no compensation therefor; but having otherwise once properly obtained jurisdiction, by the appearance before him of the defendant in any case or proceeding, such Acting Police Justice shall continue to hear and finally determine the same; and in case of the remover or the disability of the Police Justice, his fees in such cases, after such removal, where jurisdiction was obtained as now provided, shall be payable by the village to him, and shall be the same as in similar cases before Justices of the Peace or courts of special sessions, and the amount of such fees, when so paid, to be deducted from the salary of the Police Justice as above provided. The Police Justice may, however, notify the Acting Police Justice, by written notice, of a disability or intended absence from the village on his part, and during the period specified in such notice or during any total disability of the Police Justice, the salary of the Police Justice shall be paid to the Acting Police Justice, and he shall receive no other compensation to his own use. Nothing in this section shall be so construed as to affect or impair any contract between the Police Justice and Acting Police Justice in reference to the compensation above mentioned.
[1]
Editor's Note: Former § 22, Jurors in Courts of Special sessions, was repealed by L. 1947, c. 882, § 15.
[1]
Editor's Note: Former § 23, Chief of Police and Police Constables, was repealed by L. 1947, c. 882, § 15.
[1]
Editor's Note: Former § 24, Service of process, was repealed by L. 1947, c. 882, § 15.
[1]
Editor's Note: Former § 25, Constable and other officers, was repealed by L. 1947, c. 882, § 15.
[1]
Editor's Note: Former § 26, Assessors, as amended, was repealed 2-18-2003 by L.L. No. 2-2003. See Ch. 6, Art. I.
[1]
Editor's Note: Former § 27, Omitted property, as amended, was repealed 2-18-2003 by L.L. No. 2-2003. See Ch. 6, Art. I.
[Amended by L. 1950, c. 169, § 1]
The Treasurer shall receive all moneys belonging to the village, and no money shall be paid from the treasury of the village, except in pursuance of a judgment or order of a court of an audit and allowance by the Board of Trustees and an order designating the fund, signed by the Treasurer and countersigned by the Clerk. He shall keep an accurate account of all receipts and payment. The books and entries of the Treasurer and the Clerk's account of orders drawn on the Treasurer shall be open for the inspection of any elector of the village at all reasonable hours. The Treasurer shall make and file with the Board of Trustees in each month and not later than the second meeting of such Board in such month a statement of all balances in all funds and of all receipts and payments made during preceding months, and at the end of each year he shall make and file with such Board of Trustees an annual report of such balances, such receipts and payments for the preceding year. Any person desiring to create fund, the income from which to be used in caring for any lot or lots in Evergreen cemetery, may deposit with the Village of Owego, by depositing the same with the Village Treasurer, such sum as he or she sees fit, not less than fifty dollars nor exceeding five hundred dollars in any one case, which said sum said Treasurer, under the direction and control of the Board of Trustees, shall invest in good permanent securities, and the income therefrom, after paying the expenses of investing, shall be applied annually, under the direction of said Board of Trustees, and upon their warrant, to the purposes of the trust thereby created; and said village is hereby authorized to take and hold any such fund whether created by donation or bequest, and said Treasurer shall report annually to the Board of Trustees the number of such funds in his hands, the amounts of the same, and how the same are invested.
The Treasurer shall collect all village taxes on behalf of said village. Upon the receipt of any assessment roll and the warrant annexed, from the Assessors or Trustees, the Treasurer shall deposit with the Village Clerk a copy of the warrant, with his receipt indorsed thereon, acknowledging the reception by him of the original roll and warrant. The Treasurer shall cause a notice to be published immediately in two newspapers of the village, if there be that many, once in each week for two successive weeks and posted in five conspicuous places in the village, stating that such assessment roll and warrant have been left with him for the collection of the taxes therein levied, stating that for the period commencing on August first and ending on September first taxes may be paid to him without additional charge and that on all such taxes remaining unpaid after September first five per centum will be added for the first month and an additional one-half of one per centum for each month and fraction thereof that such taxes remain unpaid until the same are paid. Such notice shall further state that for a period of ten days within said period commencing on August first and ending on September first he will receive such taxes at some convenient public place in the village named in such notice and that for the remainder of said period he will receive such taxes at his office and that he will be available at the place so designated in such notice and at his office, from nine o'clock in the morning until four o'clock in the afternoon, excepting Saturdays, Sundays and holidays. The Treasurer shall attend at the time and places specified in such notice and receive such taxes. After the termination of such period commencing on August first and ending on September first, the Treasurer shall proceed to collect the taxes remaining unpaid, with interest as herein provided, but without any other fee or charge, and for that purpose be possessed of all the powers of a Town Tax Collector. All interest collected shall belong to the village. During such period as the assessment roll and warrant are in the hands of the Village Treasurer for collection, he shall report monthly, in writing, the amount of taxes collected by him during the preceding month, including all penalties collected thereon, and the amount of taxes still remaining uncollected. On February first in the year succeeding the year in which such assessment roll and warrant were delivered to such Treasurer for collection he shall return such assessment roll and warrant to the Board of Trustees, together with a verified statement of all taxes then remaining uncollected, and such Board of Trustees shall then proceed with the collection of such taxes in the manner provided by this chapter.
The salary of the Village Treasurer shall be fixed by the Board of Trustees and shall be payable in equal monthly installments, and he shall receive no other fees or emoluments whatever. All moneys received by such Treasurer shall be received, held and disbursed in the manner required by law.
[1]
Editor's Note: Former § 29, Street Commissioner, was repealed by L. 1947, c. 882, § 15.
[1]
Editor's Note: Former § 30, Collector, was repealed by L. 1944, c. 743, § 3.
[1]
Editor's Note: Former § 31, Other officers, was repealed by L. 1947, c. 882, § 15.
[1]
Editor's Note: Former § 32, Clerk, was repealed by L. 1947, c. 882, § 15.
[Amended by L. 1947, c. 882, § 16]
At the annual meeting of the Board of Trustees such Board shall prepare an estimate of the moneys necessary and proper to be raised during the fiscal year then next ensuing to pay the general debts and expenses of the village, including for particular purposes as hereinafter set forth, and to carry into effect the several powers and privileges granted by or pursuant to this act or otherwise by or pursuant to law, not otherwise specifically provided for, which estimate shall be filed with the Village Clerk and be open to the inspection of any elector at all reasonable hours for a period of ten days, after which time the Board shall hold a public hearing on such estimate and the Board may alter or amend the same.
[Amended by L. 1950, c. 86, § 1]
On or before the fifteenth day of April in each year, the Board of Trustees shall adopt such estimate and determine, by resolution, the amount of money necessary to be raised by tax for each and every purpose for which said village, or said Board of Trustees, are authorized to raise money by tax on all the taxable property of such village generally, and shall direct the aggregate amount thereof to be so raised, assessed and levied; and immediately upon the passage of such resolution the Village Clerk shall cause an exemplified copy thereof, duly signed by the Mayor and attested by the Clerk, and under the corporate seal of the village, to be personally served upon each of the Assessors of the village, and upon the Village Treasurer, and shall thereupon cause due proof of such service of such resolution to be properly made and executed, on oath, and filed in his office.
[Amended by L. 1895, c. 207, § 26]
The Assessors shall thereupon proceed immediately, as prescribed by §§ 26 and 27 of this act, and until the first day of May thereafter, to ascertain by diligent inquiry the names of all the taxable inhabitants in said village, and also the taxable property, real and personal, within the same, and such assessment and valuation shall be completed on or before the first day of June in every year; they shall thereupon cause one fair copy thereof to be made out in ink and left with one of their number, and shall cause due notice thereof to be posted in at least two public places in each of the several wards of said village of the time, when, and the place, where, they will meet to review their said assessment roll; such notice shall be so posted at least ten days previous to the day fixed for such review, and at the time and place so specified such Assessors, or a majority thereof, shall meet for such purpose, and shall proceed to review the same in like manner and with like powers and duties in respect thereto, consistent with the provisions of this act, as Assessors of towns, in relation to the assessment rolls thereof. Upon the final completion of such review such Assessors shall proceed to estimate and set down the respective amounts of tax to be paid on such valuations as prescribed by § 26 of this act, and, after duly completed such roll, they shall verify the same as Assessors of towns are required by law to verify their rolls, and shall attach to such roll the warrant specified in said § 26 of this act. They shall thereupon prepare and duly certify the copy thereof mentioned in said § 26 of this act, and file the same with the Village Clerk, and give the notice of such filing as required by section nine of chapter two hundred and sixty-nine of the laws of eighteen hundred and eighty, and the filing of such copy of said roll, duly certified as above required, shall be deemed a compliance with so much of said section nine of said chapter two hundred and sixty-nine of the laws of eighteen hundred and eighty, as requires the filing of the original roll; and such act shall be applicable to all the proceedings of said Assessors in making such assessments, and valuations and the extension of all the taxes thereon, in pursuance of this act. The provisions of section eight of said chapter two hundred and sixty-nine of the laws of eighteen hundred and eighty, as amended, shall also be applicable, so far as consistent with this act, to such assessments and taxes, substituting the Board of Trustees of said village for the Board of Supervisors, as therein provided.
[Amended by L. 1893, c. 301, § 4]
At their first meeting after the annual election in each year, or as soon thereafter as may be convenient, the Board of Trustees of such village shall appoint a collector, whose duty it shall be to collect all such taxes upon the several assessment rolls delivered to him as remain unpaid and owing at the date of such delivery. Such collector shall be appointed in the manner provided for the appointment of officers by section eight of chapter three hundred seventy-three of the laws of eighteen hundred and ninety, and shall possess the qualifications and give the bond required by section thirteen of chapter one hundred and eleven of the laws of eighteen hundred fifty-one. Upon the receipt by him of such assessment roll and warrant from the Treasurer, he shall at once proceed to collect such unpaid taxes in the manner provided by law for the collection of county taxes, and shall have and possess the powers and authority conferred by law on town collectors, and shall in like manner pay over all moneys collected by him to the Village Treasurer, and shall take his receipts therefor; and shall make return to the Village Clerk of the amount collected and paid over by him, and of the taxes remaining unpaid, and by making oath before the Clerk, similar in all respects to the oath required by law of town collectors, he shall be credited by the Village Clerk with the amounts so remaining due and unpaid. The collector shall also pay over all moneys in his hands to the Village Treasurer, from time to time, as the Board of Trustees shall direct. But no such settlement, nor any settlement had by the Trustees, or by any village officer with any collector of any tax or assessment, shall be final or conclusive; and no bond or other security given by any collector shall be invalidated by or canceled on any such settlement, but shall remain in full force and be held for one year thereafter by the village. Upon all taxes so collected by him, said collector shall be entitled to collect and receive five percent for his fees and shall receive no other compensation therefor.
[Amended by L. 1944, c. 743, § 6]
All taxes and assessments which shall remain unpaid after the thirty-day period stated in the notice published by the Treasurer pursuant to section twenty-eight of this charter, shall bear interest at the rate of five per centum for the first month after such thirty-day period, and at the rate of one-half of one per centum for each additional month or fraction thereof until paid and such percentages shall be added to the amount of such taxes and assessments. Such taxes with such interest thereon may be added to the taxes of the persons liable therefor and assessed against them upon the assessment of any subsequent tax, but such addition and assessment shall not be deemed to abridge, impair or affect in any manner any other remedy for the collection of such taxes provided by this act. In case the Treasurer shall return that a tax or assessment on any estate is unpaid and that he is unable to collect the same, the Trustees are authorized and empowered, after the lapse of thirty days after the date of such return, to prosecute a civil action, in any court having jurisdiction thereof, against the owner or owners of such estate in the corporate name of the village, and recover judgment for such tax, with interest thereon computed as herein provided, and all necessary costs and expenses of said action. Said Trustees may cause a transcript of such judgment to be filed and such judgment docketed in the County Clerk's office of Tioga County, and the same, however small the amount, shall thereupon become a judgment of the County Court of said county and be a lien on all real estate of the judgment debtor situate in the county where such judgment is docketed; and such real estate may be sold on execution issued to the sheriff of the county where the judgment is docketed. If not collected out of the personal property of the debtor in the manner prescribed by law and all the provisions of law in respect to the sale and redemption of real estate on execution shall apply to the sales and redemptions under this act.
[1]
Editor's Note: Former § 38, Renewal of tax warrant, as amended, was repealed 2-18-2003 by L.L. No. 2-2003. See Ch. 6, Art. I.
[1]
Editor's Note: Former § 39, Unpaid taxes, as amended, was repealed 2-18-2003 by L.L. No. 2-2003. See Ch. 6, Art. I.
[1]
Editor's Note: Former § 40, Failure to redeem, as amended, was repealed 2-18-2003 by L.L. No. 2-2003. See Ch. 6, Art. I.
[Amended by L. 1943, c. 710, § 241][1]
Whenever, pursuant to the provisions of this act, the Board of Trustees may submit a proposition to the vote of a taxpayers of the village, said Trustees shall make an estimate of the sum necessary to be raised for said purposes, stating the amount and the object for which it is required, and cause the statement to be published in two, at least, of the village papers, together with notice of the time and place of the meeting of the taxable inhabitants of said village, for two weeks, successively preceding the time of said meeting. The Trustees shall designate in such notice some central and convenient place for such meeting, and a time not more than one week from the last publication of such notice. They, or as many of them as may be present, shall preside at such meeting and judge the qualifications of voters. The manner of voting shall be by ballot and every resident of said village of the age of twenty-one years and upwards, whose names shall not be in the assessment roll made by the Assessors of said village last preceding said meeting, and upon whom or whose property a tax was thereby assessed, and who may be liable to be assessed for said special tax, and no others, shall be entitled to vote at such meeting.
[1]
Editor's Note: Amendment required by Local Finance Law §§ 29.00 and 30.00 and Constitution Article VIII, § 10.
[1]
Editor's Note: Former § 42, Powers of Trustees as to highways, was repealed by L. 1947, c. 882 § 17.
[1]
Editor's Note: Former § 43, Laying out and altering streets, was repealed by L. 1947, c. 882, § 17.
[1]
Editor's Note: Former § 44, Appeals from orders of Trustees, was repealed by L. 1947, c. 882, § 17.
[1]
Editor's Note: Former § 45, Damages, was repealed by L. 1947, c. 882, § 17.
[1]
Editor's Note: Former § 46, Assessment of damages, was repealed by L. 1947, c. 882, § 17.
[1]
Editor's Note: Former § 47, Payment of damages and removal of buildings, was repealed by L. 1947, c. 882, § 17.
[1]
Editor's Note: Former § 48, Costs, was repealed by L. 1947, c. 882, § 17.
[Amended by L. 1947, c. 882, § 16]
The expenses of working, paving, macadamizing, rolling, repairing, cleaning, planking, grading and draining the streets and alleys, and of making and repairing crosswalks therein, shall be denominated street expenses, and the Trustees shall have power, in any one year, to raise by tax such sum as they may deem necessary, to be denominated street fund, to work and improve the roads, avenues, streets, public squares, parks, lanes, alleys, sidewalks and crosswalks of said village, on all persons and incorporated companies owning property and estate, real and personal, in said village, to be assessed and collected as all other taxes are by the provision of this act. The money so raised shall be devoted to the purposes expressed in this section and kept apart as a separate and distinct fund by the Treasurer.
[1]
Editor's Note: Former § 50, Bills for street expenses, was repealed by L. 1947, c. 882, § 17.
[1]
Editor's Note: Former § 51, Definition of streets, was repealed by L. 1947, c. 882, § 17.
[1]
Editor's Note: Former § 52, Improvement of sidewalks, was repealed by L. 1947, c. 882, § 17.
[Amended by L. 1872, c. 170, § 11; 6-7-2010 by L.L. No. 3-2010]
The Trustees shall procure fire engines and other necessary and convenient appartus for prevention and extinguishment of fires, and provide safe and convenient places for keeping the same. They shall establish and maintain a Fire Department and fire companies and a hook and ladder company; and shall appoint members of said companies; and shall make and prescribe bylaws for the organization, discipline and regulation of such Fire Department and companies, with penalties for the enforcement thereof. Said Fire Department shall consist of the chief and assistant engineers, and such companies with their officers.
[Amended by L. 1860, c. 181, § 3; 4-21-1997 by L.L. No. 2-1997]
Every member of the Fire Department who shall, at the time of any fire, refuse or neglect to obey the orders of the chief engineer or his assistants in command shall, for each offense, be subject to a fine of not more than $250 or to imprisonment for not more than 15 days, or both such fine and imprisonment.
[1]
Editor's Note: Former § 55, Disorderly conduct at fires, as amended by L. 1895, c. 207, § 37, was deleted during 4-21-1997 by L.L. No. 2-1997.
[Amended by L. 1895, c. 207, § 38]
The Trustees shall have the power to remove any member of the Fire Department, for cause, after giving him five days' notice of the charges against him, requiring him to show cause against such removal, and an opportunity of being heard in his defense, and in the meantime may suspend him without notice.
[1]
Editor's Note: Former § 57, Lamp and watch fund, as amended by L. 1895, c. 207, § 39, was deleted 4-21-1997 by L.L. No. 2-1997.
[Amended by L. 1895, c. 207, § 40; 11-17-1983 by L.L. No. 4-1983; 4-21-1997 by L.L. No. 2-1997]
No building or buildings, except buildings of iron, brick, or stone with slate, tile, gravel, composition or metallic roofs shall hereafter be moved or constructed within or upon any portion of the limits or territory in this section mentioned and described, that is to say: Commencing at the Susquehanna River, at a point where the center of Church Street strikes said river; thence northerly along the center of Church Street to the center of Temple Street extended; thence westerly along the center of Temple Street to the center of Central Avenue extended; thence southerly along the center of Central Avenue to the southern side of Main Street; thence along the southern side of Main Street to the center of Court Street extended; thence south along the center line of Court Street to the Susquehanna River; thence southerly parallel to the western boundary of Park Street; and at a distance of a hundred feet therefrom to a point one hundred feet northwesterly from the northern boundary of Front Street; thence westerly on a line parallel with the northern boundary of Front Street and at a distance of one hundred feet therefrom to a point at which the division line between the lands formerly owned by Eugene B. Gere, on the east, and lands formerly owned by Lydia Lovejoy on the west, leading from Front Street to the Susquehanna River, will intersect the same; then on said division line extended to the Susquehanna River; thence up said river to the place of beginning. But the Board of Trustees shall have power by ordinances, from time to time, to alter and change said limits and restrict but not enlarge the same. Whoever shall construct or move, or cause to be removed, hire or authorize to be constructed or moved any other or different description of building within the limits therein described or that may hereafter be prescribed by said Board of Trustees in conformity with this act, shall incur a penalty of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment, to be recovered in an action by the Village of Owego; and the owner or lessee of the premises wherever such building shall stand shall also incur a penalty as set forth above if he shall suffer, permit or allow such building to continue without removal, upon such premises within such limits. Such penalty to be recovered in an action by the Village of Owego, and upon recovery of either of the penalties in this section prescribed, execution may issue against the person in the form prescribed by section sixteen of this act, but such penalties, or either of them, may be remitted, in whole or in part, by a resolution of said Board. An action for the penalty or penalties prescribed by this section, or in pursuance of it, may be brought in any court having jurisdiction of such an action. No wooden building now situated within said fire limits shall be enlarged, added to, altered or repaired to a greater extent than one-tenth part of the value of such building, unless such enlargements, additions, alterations or repairs are of stone, iron or brick; the value of such building and also of such enlargements, additions, alterations and repairs to be determined by a majority of said Board of Trustees. Any person violating the last foregoing provision of this section shall be subject to the penalties above, in this section, provided viz: a fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment, for so enlarging, adding to, altering or repairing such building, and a fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment, per week for the time he shall allow the same to so remain without removal. But this section shall not apply to any building partially destroyed by fire, unless, in the judgment of a majority of such Board of Trustees, such partial destruction shall amount in value to two-thirds of the whole value of such building before such partial destruction.
[1]
Editor's Note: Former § 59, Actions and proceedings, was repealed by L. 1947, c. 882, § 17.
[1]
Editor's Note: Former § 60, Elections, was repealed by L. 1947, c. 882, § 17.
[Amended by L. 1851, c. 111, § 61]
The Trustees shall have power to pull down, blow up and remove buildings for the purpose of arresting the progress of fires and for the extinguishment of the same. In every case where a building shall be so pulled down, blown up or removed under the authority of said corporation, with a view to arrest the progress of a fire, and said building shall be insured, the owner thereof shall be entitled to recover from said corporation damages to the same extent as he would have been entitled to recover against the insurance in case such building had been destroyed by fire.[1]
[1]
Editor's Note: Former § 62, Expense of advertising, was repealed by L. 1947, c. 882, § 17.
[Amended by L. 1946, c. 984, § 2, effective 4-23-1946]
All funds and property held by the Board of Cemetery Commissioners of the village at the time this section as hereby amended takes effect shall be forthwith delivered to the Board of Trustees of the village who shall hold, invest and act for the same in the manner provided by law.
[Amended by L. 1943, c. 710, § 243][1]
In addition to the powers above specified, vested in the Board of Trustees by this act, they shall have power to purchase and hold real estate for the use of the village, and may contract for the purchase of the same, and may also purchase fire engines and other necessary apparatus for the prevention and extinguishment of fires; and may also erect suitable and convenient buildings for the use of the village; provided, however, that no such purchase hereafter be made, which is to be paid from taxes levied for the fiscal year in which such expenditure is to be made, unless the same shall be first authorized by the taxable inhabitants of the village, at a meeting convened in the manner provided by section forty-one of this act; and the persons so convened at such meeting, and who are entitled to vote, as provided by said section forty-one of this act, and no others, may, by a majority of those present, entitled to vote, authorize such tax.
[1]
Editor's Note: Amendment required by New York State Finance Law §§ 10.00, 11.00, 20.00, 53.00, 56.00 through 61.00, inclusive, 100.00, 104.00, 163.00 and Charter § 33.
[Amended by L. 1947, c. 882, § 18]
The Village of Owego and each officer thereof shall possess all the powers and shall be subject to all the liabilities and responsibilities conferred or imposed upon a village incorporated under the Village Law, or upon an officer thereof, not inconsistent with the provisions of this act, as provided in the Village Law; and the provisions of the Village Law and other general laws applicable to villages, not inconsistent with the provisions of this act, shall apply to the Village of Owego and to the boards, officers, employees and inhabitants thereof.
[Amended by L. 1947, c. 882, § 19]
1.
Nothing contained herein shall affect or impair the positions or employment of persons employed by such village at the time this section, as hereby added, takes effect; and the same shall continue, subject to the provisions of this act.
2.
All the ordinances, bylaws, institutions, rules and regulations of the village, not inconsistent with the provisions of this act, as hereby amended, shall continue in full force and be the ordinances, bylaws, institutions, rules and regulations thereof until the same are changed, repealed or superseded in accordance with the provisions of this act.
3.
Nothing herein contained shall be deemed or construed to authorize any increase or decrease in the salary of the Police Justice during the term of office of the Police Justice now in office.