[HISTORY: Adopted by the Board of Trustees of the Village of East
Rockaway 8-12-1974 as L.L. No. 2-1974,
amended in its entirety at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Subsequent amendments noted where applicable.]
A.Â
The Board of Trustees of the Village of East Rockaway
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 to 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 the amount of the assessed valuation of the taxable real property
against which the improvement is to be assessed. All provisions of § 22-2200
of this Act[2] 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 underwater,
riparian rights and any and 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.
[2]
Editor's Note: This "Act" refers to Village Law § 22-2200.
B.Â
Bulkheads in the Village of East Rockaway. Notwithstanding the preceding Subsection A, the Board of Trustees of the Village of East Rockaway may construct, repair, maintain and care for bulkheads on public waterways in the Village of East Rockaway; may 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; and 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 the same from village funds and assess such total cost against the property benefited; may provide that the cost of any such work or improvements be paid at a specified time or in annual installments.
[1]
Editor's Note: For related provisions of state law, see Village
Law § 4-412, Subdivision 3(1).
