[Adopted 4-19-1999 by L.L. No. 2-1999 (Art. 83 of the 1989 Code)]
The Town Board of the Town of Busti finds and declares that the continued viability of the Vukote Canals rests, to a substantial degree, on the proper maintenance and repair of canal retaining walls and the prompt replacement of deteriorated retaining walls. The property owners of Vukote Drainage District have expressed a preference that the responsibility for the maintenance, repair and prompt replacement of deteriorated or missing retaining walls shall be the responsibility of the individual adjacent property owner rather than the District. In response thereto, the Town Board of the Town of Busti affixes and imposes responsibility for maintenance, repair and replacement of canal retaining walls on the adjacent property owners and establishes procedures to govern the maintenance, repair and replacement of deteriorated canal retaining walls within Vukote Drainage District.
As used in this article, the following terms shall mean and include:
- ADJACENT PROPERTY OWNER
- The owner or owners of any parcel of real property which, if not for the community spoils area, would adjoin the canal. Each adjacent property owner is deemed responsible for all linear feet of the canal retaining wall which, if not for the community spoils area, would adjoin his or her property.
- CANAL or CANALS
- All of the man-made canals shown on the Vukote Drainage District Map dated February 29, 1968.
- The Vukote Drainage District of the Town of Busti, as formed by order of the Town Board of the Town of Busti, dated October 1, 1968, and further defined on the Vukote Drainage District Map.
- RETAINING WALLS
- Those wall structures, howsoever constructed, which border the Vukote Canals and which separate the man-made canal from the adjoining earthen banks.
The Town Board of the Town of Busti hereby affixes and imposes upon the individual adjacent property owner the responsibility for the proper maintenance and repair of retaining walls. The Town Board of the Town of Busti also affixes and imposes upon the individual adjacent property owner the responsibility of replacing those missing or deteriorated canal retaining walls which the Code Enforcement Officer shall determine requires replacement with new retaining walls constructed to established standards set forth in subsequent resolutions of the Town Board of the Town of Busti.
The Code Enforcement Officer of the Town of Busti, after November 1, 2000, shall have the power to require the adjacent property owners to repair, maintain and also to replace deteriorated retaining walls for that portion of retaining walls adjacent to said owner's land. All retaining walls replaced shall be replaced according to established standards wholly at the owner's expense. The Code Enforcement Officer shall also have the power to prescribe the manner of undertaking such work and the kind of materials to be used therein.
[Amended 12-1-1999 by L.L. No. 3-1999]
If a canal retaining wall is required to be repaired, maintained or replaced, a notice specifying the place and manner and the time within which the work is to be commenced and/or completed shall be served upon such owner. If an owner shall not repair, maintain or reconstruct the adjacent canal retaining wall as required by the notice, the Code Enforcement Officer may cause the same to be repaired, maintained or reconstructed by independent contractors, with the cost of such maintenance, repair or reconstruction to be assessed against the adjacent property owner's property and the same levied, collected and enforced in the same manner, by the same proceedings, at the same time, under the same penalties, and having the same lien upon the property assessed as the District unit assessment as part of the general Town tax.
In the event an adjacent property owner may object to the written notice of the Code Enforcement Officer ordering maintenance, repairs or replacement of retaining walls or walls, the adjacent property owner may file an appeal, in writing, with the Town Clerk. If such appeal is filed within 30 days of the receipt of the Code Enforcement Officer's written notice, the adjacent property owner shall be entitled to a hearing on the Code Enforcement Officer's order before the Vukote Drainage District Hearing Board under procedures set forth in § 392-9B(4).
All notices required to be given herein shall be in writing and may be delivered personally or by certified mail, return receipt requested. The landowner shall be given at least 30 days from/after such written notice before the District may cause maintenance, repair or replacement to be undertaken in anticipation of charging the cost thereof back to the adjacent property owner.
Creation. The Vukote Drainage District Hearing Board is hereby created, which shall consist of three members, all appointed by the Town Board. The Town Board shall designate the Chairman, and the Hearing Board shall appoint a Secretary and shall prescribe rules for the conduct of its affairs. The members shall serve without remuneration and shall convene at the request of the Chairman or, in his absence, at the request of the Secretary.
Powers and duties. The Hearing Board shall have the powers and duties prescribed by statute and by this article and as follows:
Orders, requirements, decisions, interpretations and determinations. The Hearing Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from, and shall make such order, requirement, decision, interpretation or determination as in its opinion should have been made in the matter by the Code Enforcement Officer or his authorized designee and, to that end, shall have all the powers of the Code Enforcement Officer or his designee from whose order, requirement, decision, interpretation or determination the appeal is taken.
Voting. The Hearing Board may convene and conduct business on the appeal under consideration after notice and publication, if at least two members of the Hearing Board are present. A majority of the entire Hearing Board shall be required to sustain overturning or modifying the order of the Code Enforcement Officer.
Procedure; hearings; meetings. The Hearing Board shall determine its own rules and procedures consistent with the Town Law, and all its deliberations, resolutions and orders shall be in accordance therewith.
The Hearing Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give due and public notice thereof by publication of a notice of such hearing in the official newspaper of the Town at least five days prior to the date thereof and shall, at least five days before such hearing, mail notices thereto to the parties affected by such appeal and shall decide the same within 30 days after the final hearing.
Meetings of the Hearing Board shall be open to the public, and the Board shall keep complete minutes of its proceedings. Such minutes shall show the findings and reasons for the decisions of the Board, shall be immediately filed in the office of the Town Clerk, and shall be a public record.