The Town Board of the Town of Busti finds and declares that
the continued viability of the Vukote Canals rests, to a substantial
degree, on the proper maintenance and repair of canal retaining walls
and the prompt replacement of deteriorated retaining walls. The property
owners of Vukote Drainage District have expressed a preference that
the responsibility for the maintenance, repair and prompt replacement
of deteriorated or missing retaining walls shall be the responsibility
of the individual adjacent property owner rather than the District.
In response thereto, the Town Board of the Town of Busti affixes and
imposes responsibility for maintenance, repair and replacement of
canal retaining walls on the adjacent property owners and establishes
procedures to govern the maintenance, repair and replacement of deteriorated
canal retaining walls within Vukote Drainage District.
As used in this article, the following terms shall mean and
include:
ADJACENT PROPERTY OWNER
The owner or owners of any parcel of real property which,
if not for the community spoils area, would adjoin the canal. Each
adjacent property owner is deemed responsible for all linear feet
of the canal retaining wall which, if not for the community spoils
area, would adjoin his or her property.
CANAL or CANALS
All of the man-made canals shown on the Vukote Drainage District
Map dated February 29, 1968.
DISTRICT
The Vukote Drainage District of the Town of Busti, as formed
by order of the Town Board of the Town of Busti, dated October 1,
1968, and further defined on the Vukote Drainage District Map.
RETAINING WALLS
Those wall structures, howsoever constructed, which border
the Vukote Canals and which separate the man-made canal from the adjoining
earthen banks.
The Town Board of the Town of Busti hereby affixes and imposes
upon the individual adjacent property owner the responsibility for
the proper maintenance and repair of retaining walls. The Town Board
of the Town of Busti also affixes and imposes upon the individual
adjacent property owner the responsibility of replacing those missing
or deteriorated canal retaining walls which the Code Enforcement Officer
shall determine requires replacement with new retaining walls constructed
to established standards set forth in subsequent resolutions of the
Town Board of the Town of Busti.