[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:
A.
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.
B.
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.
