[Adopted 11-26-1974 by L.L. No. 3-1974 (Ch. 133 of the 1992 Code)]
It is the intent of this Part 1 to provide for
the repair of private sewers in the Village of Brewster that from
any cause may now be or shall hereafter become dangerous to the safety,
health, comfort or general welfare of the inhabitants of such Village.
All private sewers, wherever located, whether
on private or public property, not operating or being operated in
a manner to totally contain the effluent being carried therein are,
for the purposes of this Part 1, damaged or malfunctioning sewers.
All such damaged or malfunctioning sewers are hereby declared to be
illegal, and shall be abated by repair and rehabilitation in accordance
with the procedures herein set forth.
The Building Inspector for the Village of Brewster
shall examine or cause to be examined every private sewer reported
as damaged or malfunctioning and shall make a written report of such
examination to the Village of Brewster Board of Trustees.
Whenever the Building Inspector shall find any
private sewer to be damaged or malfunctioning as defined in this Part
1, he shall give to the owners of the lands served by such sewer or
to some one of the owner's executors, legal representatives, agents,
lessees or any other person having a vested or contingent interest
in same, as shown by the records of the Receiver of Taxes and/or in
the office of the County Clerk or County Register, written notice,
personally or by registered mail addressed to the last known address
of such person or persons, stating the defects detected and requiring
same to be repaired within a stated time. The time provided in such
notice shall not be less than three days nor more than 15 days. The
notice shall state that in the event that the required repairs are
not made within the stated time an order will be made at a special
term of the Supreme Court in the judicial district in which the properties
served are located for an order determining that such damaged or malfunctioning
sewer is a public nuisance and directing that it shall be repaired.
If the Building Inspector finds that there is an immediate danger to the safety, health, comfort or general welfare of the inhabitants of the Village resulting from a damaged or malfunctioning private sewer within the Village of Brewster and has been unable to obtain the cooperation of the owners or agents of the owners of the lands served by such sewer to repair the same, he shall report such facts orally and in writing to the Mayor of the Village, who shall thereupon call a meeting of the Village of Brewster Board of Trustees at the earliest time possible. At such meeting the Village of Brewster Board of Trustees shall hear such persons and accept such evidence as it deems necessary to determine whether or not imminent danger to the public health exists. If it so finds such danger to exist, the Village of Brewster Board of Trustees shall issue an order to those persons to whom notice would be given under § 193-4 hereof to perform the required repairs on such damaged or malfunctioning sewer within a stated time. Such order shall further provide that, in the event that such repairs are not made within the stated time, the Village will cause such repairs to be made and will assess the cost of same against the land of all the property owners served by such system.
Costs and expenses incurred under the above
section shall be paid out of the Village treasury on certificate of
the Building Inspector. Such costs shall be charged to the owners
of the lands involved, shall be assessed against such lands on an
ad valorem basis and shall be collected in the manner provided by
law.
Any person committing an offense against any
of the provisions of this Part 1 shall be guilty of a violation and,
upon conviction thereof, shall be punishable for each offense by a
penalty of not more than $250 or by imprisonment for not more than
15 days, or both.
