[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territorial limits of the Village of Owego are hereby repealed, and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:
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1.
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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.
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2.
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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.
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3.
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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.
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[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; 9-8-2020 by L.L. No. 1-2020]
The officers of the village shall be one Mayor,
two Trustees for each ward, who shall be residents thereof, one Village
Justice, one Associate 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, Village 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]
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1.
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The term of office of the Mayor shall be two
official years.
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2.
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The term of office of the Treasurer shall be
two official years.
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3.
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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.
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4.
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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.
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5.
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A Village 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 Village Justice shall be four official years.
[Amended 9-8-2020 by L.L. No. 1-2020] |
[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]
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1.
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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.
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2.
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Notwithstanding any inconsistent provision of
law, the Board of Trustees may appoint a Village Justice to take office
upon the expiration in the calendar year nineteen hundred forty-nine
of the term of office of the Village Justice now in office and to
serve until the commencement of the official year beginning in the
calendar year nineteen hundred forty-nine.
[Amended 9-8-2020 by L.L. No. 1-2020] |
[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; 9-8-2020 by L.L. No. 1-2020]
The civil jurisdiction of the Village 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; 9-8-2020 by L.L. No. 1-2020; 9-8-2020 by L.L. No. 2-2020]
In case of the absence from the village or inability,
for any cause, of the Village 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 Village Justice, as shall be designated
and appointed by the Mayor as Associate 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 Associate Justice shall take
the oath and file the bond required of the Village Justice; and in
case of and during the absence, or inability from any cause of the
Village Justice to act, shall have and exercise all the power and
jurisdiction conferred upon the Village Justice by this act, and all
the provisions of this act in reference to such Village Justice shall,
in case of his disability or absence, be deemed to and shall apply
to such Associate Justice. He or she shall keep the same books, make
the same reports, and receive a fixed annual salary for his or her
services as shall be determined from time to time by resolution of
the Board of Trustees. Except in the absence from the village or disability
from any cause of the Village Justice to act, the Associate 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 Village Justice is absent from the village,
or unable to act from any cause, such Associate 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; but having otherwise once properly obtained
jurisdiction, by the appearance before him of the defendant in any
case or proceeding, such Associate Justice shall continue to hear
and finally determine the same.
[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.
[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.
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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.
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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.
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[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.
[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]
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1.
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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.
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2.
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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.
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3.
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Nothing herein contained shall be deemed or
construed to authorize any increase or decrease in the salary of the
Village Justice during the term of office of the Village Justice now
in office.
[Amended 9-8-2020 by L.L. No. 1-2020] |
