The Superintendent and other duly authorized
employees of the Village bearing proper credentials and identification
shall be permitted to enter all properties for the purposes of inspection,
observation, measurement, sampling and testing in accordance with
the provisions of this chapter. The Superintendent or his representatives
shall have no authority to inquire into any processes, including metallurgical,
chemical, oil, refining, ceramic, paper or other industries beyond
that point having a direct bearing on the kind and source of discharge
to the sewers or waterways or facilities for waste treatment.
While performing the necessary work on private properties referred to in § 163-38 hereof, the Superintendent or duly authorized employees of the Village shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the Village employees and the Village shall indemnify the company against loss or damage to its property by Village employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by the negligence or failure of the company to maintain safe conditions as required in §§ 163-33C and 163-34 hereof.
A.
Legislative considerations.
(1)
The Board of Trustees acknowledges that the sanitary
sewage effluent and stormwater from a large number of private properties
in the Village are discharged into sewer lines that were, in the course
of years past, laid through neighboring private properties before
connecting to the sanitary sewer mains and stormwater drainage system
of the Village, and that there has heretofore been no clear delineation
of the responsibility of the respective affected property owners or
the Village for the maintenance and repair of those mains serving
several properties located within the bounds of private lands.
(2)
The Board of Trustees is mindful that § 163-5 of the Municipal Code of the Village of New Paltz requires the owners of all properties abutting a street in which there is located a public sanitary sewer main within 100 feet of the property line to connect the sewer laterals of such properties to the municipal sewerage system.
(3)
The Board of Trustees is mindful that employees of
the Village Department of Public Works have no legal right to enter
upon private property to perform routine inspections, maintenance
and repair of lines serving multiple properties except to rectify
an emergency condition, unless the Village obtains a right-of-access
by easement, condemnation or otherwise.
(4)
The Board of Trustees further recognizes that it is illegal for the Village to perform repair services for private persons on private property as an unconstitutional gift of public funds in violation of Article VIII § 1 of the Constitution of the State of New York, even if the Village were to recoup the commensurate cost thereof by charging for such services because such undertaking is not a Village purpose.
(5)
In adherence to these considerations, the Board of
Trustees prescribes those sewer lines which are deemed to have a public
character and the cost of performing work thereon.
B.
Circumstances authorizing entry. The Superintendent
and other duly authorized employees of the Department of Public Works
shall be permitted to enter upon private properties through which
the Village has been granted a duly executed easement for the repair
or replacement of a sanitary or stormwater sewer line which has been
so damaged or obstructed as to create an imminent threat to the public
health or welfare and which requires corrective action; provided,
however:
(1)
That the property affected by a damaged or obstructed
sanitary sewer line does not abut a street in which a municipal sanitary
sewer main is located within 100 feet of the property line;
(2)
That the repair or replacement by the Village may
be performed only on that portion of a sewer line between the point
of connection of two or more lines serving private properties and
the public right-of-way; and
(3)
That no such work shall be performed by employees
of the Village on any portion of a sewer line serving only one parcel
of land or adjoining parcels of land under common ownership.
C.
Cost of corrective action. The performance of work under the circumstances described in Subsection B of this section shall be undertaken at the expense of the Village unless the Superintendent determines that the obstruction or damage to the sewer line was caused by the negligence or misconduct of the owner or occupant of a particular parcel of property connected to such sewer line in which event he shall furnish to the Village Treasurer an itemization of the cost of such repair. The Village Treasurer shall send a statement to the owner or occupant to recover the cost thereof. If the charge is not paid, it shall be collected by the Village Treasurer as an assessment upon the premises on the real property tax statements issued by the Village Treasurer on the tax collection date next following as provided by law. The collection of this charge shall not preclude the Village from pursuing any other civil or criminal remedies which may be available to redress the damage caused to the sewer system.
D.
Easement required. No premises shall hereafter be
connected to a sewer line underlying and serving two or more private
properties unless the owner thereof grants a duly executed easement
to the Village, in form and manner suitable for recording, for access
to the sewer line for the purpose of inspection, observation, measurement,
sampling, repair, replacement, improvement and maintenance of any
portion of the sewer line lying within said easement.
E.
Waiver or modification. Upon request of the Superintendent
of Public Works or the owner of a parcel of property affected by the
discharge of effluent into a shared use sewer line on private property,
the Board of Trustees may waive or modify the provisions of this section
following a public hearing, upon at least 10 days' prior written notice
given to the Superintendent and to the owners of all other parcels
of land believed to be affected by the same shared use private sewer
line, upon proof that there are special circumstances or conditions:
(1)
Which caused or resulted in the damage or obstruction
to the shared use sewer line located on private property; or
(2)
The inability or failure of the private property owner
or owners to repair the damaged or obstructed sewer line without the
need of assistance of the Department of Public Works; or
(3)
Which reasonably preclude the direct connection of
a sanitary sewer lateral on the property to the municipal sewerage
system.
