Sewer system; establishment; fee assessment and collection

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§ 215-301. Sewer system; establishment; fee assessment and collection

When the public health or convenience shall require the construction of a common sewer or main drain in the Village of Derby Center and through the principal streets thereof, the trustees of said Village, upon application in writing of 20 or more freeholders and legal voters of said Village, are hereby authorized and empowered to lay, make, and maintain such common sewer or main drain and repair the same when necessary, from time to time, and for such purpose may take the lands of any individuals or corporations; and said trustees shall proceed in the same manner as is prescribed by law for selectboard in taking lands for highways and in awarding damages therefor; and said trustees shall make a return of their doings to the office of the Clerk of said Village, who shall record the same in the records of the Village. Each person or corporation whose particular drain shall enter into such main drain or sewer, or who in the opinion of the said trustees shall receive benefit thereby for draining the premises of such person or corporation, shall be liable to contribute a just share toward the expense of laying and constructing and maintaining of such sewer or drain, and shall be assessed therefor by said trustees such share; and at least ten days' notice of the time and place of such assessment for said contribution shall be given to such person or corporation, its agent, tenant, or lessee, and a certificate of such assessment shall be left with the Clerk of said Village, and recorded by said Clerk, and when so recorded the amount so assessed shall be and remain a lien, in the nature of a tax upon the lands and premises so assessed until the same shall be paid, and if the owner of such lands and premises shall neglect, for the space of six months after the final decision of said trustees, or in case of appeal to the county court, to pay the Village Treasurer the amount of such assessment, said trustees shall issue their warrant for the collection of the same, directed to the Village Tax Collector, who shall have authority to sell at public auction so much of said lands and premises as will satisfy said assessment and all legal fees, and who shall proceed in the same manner as collectors of town taxes are required by law to proceed in selling real estate at auction for the collection of town taxes.


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