Legislation
SECTION 15-1943
Minor repairs in drainage districts
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 19
§ 15-1943. Minor repairs in drainage districts.
1. Application for the repair, enlargement or cleaning out of any
ditch originally constructed or repaired by assessment under the
provisions of title 19 of this article, or any former general or special
drainage laws, if within a drainage improvement district and if the
total cost thereof shall not exceed two per cent of the total of the
drainage enhancements of all parcels served by such ditch, may be made
by any three or more persons liable to be assessed therefor. Such
application shall be made by written petition, verified by at least one
of the signers thereof, setting forth the work desired, the estimated
cost thereof and the need therefor.
2. On receipt of such petition the department shall cause an
examination to be made of such ditch or ditches, an estimate of the cost
of such repairs and improvements and a special apportionment of the cost
thereof to be prepared, and shall file a statement of these matters.
Thereafter, after due notice, the department shall hear all interested
parties with regard thereto. The filing of written objections shall not
be required. If after the hearing the department shall determine that
the work can be done under this section, is necessary and is desired by
the owners of the lands involved, it may proceed to make such repairs or
enlargements. The cost of such repairs and expenses of the hearing and
examination generally shall be apportioned upon the properties served by
the work in accordance with the general or a previous special
apportionment of the cost of such ditch or part of a ditch.
3. If the department shall find that changes should be made in the
apportionment, or, for any other reason, that the work should not be
done under the provisions of this section, it may so specify in its
order, giving its reasons therefor, and return the case to the
applicants for further petition. Money to pay for such work shall be
raised pursuant to the Local Finance Law and as elsewhere herein
provided. The whole cost of such work shall be collected within not to
exceed three years from the date of completion of the project as may be
determined by the department.
1. Application for the repair, enlargement or cleaning out of any
ditch originally constructed or repaired by assessment under the
provisions of title 19 of this article, or any former general or special
drainage laws, if within a drainage improvement district and if the
total cost thereof shall not exceed two per cent of the total of the
drainage enhancements of all parcels served by such ditch, may be made
by any three or more persons liable to be assessed therefor. Such
application shall be made by written petition, verified by at least one
of the signers thereof, setting forth the work desired, the estimated
cost thereof and the need therefor.
2. On receipt of such petition the department shall cause an
examination to be made of such ditch or ditches, an estimate of the cost
of such repairs and improvements and a special apportionment of the cost
thereof to be prepared, and shall file a statement of these matters.
Thereafter, after due notice, the department shall hear all interested
parties with regard thereto. The filing of written objections shall not
be required. If after the hearing the department shall determine that
the work can be done under this section, is necessary and is desired by
the owners of the lands involved, it may proceed to make such repairs or
enlargements. The cost of such repairs and expenses of the hearing and
examination generally shall be apportioned upon the properties served by
the work in accordance with the general or a previous special
apportionment of the cost of such ditch or part of a ditch.
3. If the department shall find that changes should be made in the
apportionment, or, for any other reason, that the work should not be
done under the provisions of this section, it may so specify in its
order, giving its reasons therefor, and return the case to the
applicants for further petition. Money to pay for such work shall be
raised pursuant to the Local Finance Law and as elsewhere herein
provided. The whole cost of such work shall be collected within not to
exceed three years from the date of completion of the project as may be
determined by the department.