The Vermont Statutes Online
- Subchapter 001: BOUNDARIES AND CORPORATE EXISTENCE
§ 203-101. Boundaries and Corporate Existence
All that portion of the Town of Alburgh in the County of Grand Isle that is embraced within the following limits: beginning at a point which marks the intersection of the southern boundary of the Lamoille Valley extension of the Central Vermont Railway right of way by the western boundary of the Rutland-Canadian Railroad in the main line of the said Rutland-Canadian Railroad; said point being the northeastern corner of the O. Bell homestead lot and mentioned in the O. Bell deed as recorded in town records as "Post A" and about 290 feet east of the main north and south highway on the west side of said Town of Alburgh; running in a southerly direction in the western boundary of said Rutland-Canadian Railroad right of way and yard at a point, which said western boundary line meets the northern boundary line of the property of A. H. Soule and Miss Martha Brown, said point being about 975 feet east of said main north and south highway; thence southerly in a line parallel with said highway and about 975 feet therefrom to the north line of the main highway that leads east and west across the Town; thence westerly in the north line of said highway to the east shore of Lake Champlain at the western corner of the John Young homestead; thence northerly and westerly in the east shore line of Lake Champlain past the pumping station of the Rutland Railroad and the ice house of the Produce Despatch Company to the point at which the southern boundary line of the Ogdensburg division of the Rutland Railroad meets the east shore of Lake Champlain; thence easterly and southerly in the southern boundary line of the said Ogdensburg division of the Rutland Railroad to the point at which the eastern boundary line of the Rutland Railroad on the line from Alburgh, Vermont, to Noyan Junction, Quebec, if extended would intersect said line; thence northerly across the Rutland Railroad and Central Vermont Rail-way rights of way in the eastern boundary line of the Rutland Railroad right of way from Alburgh, Vermont, to Noyan Junction, Quebec, continuing about 3,000 feet to the point at which the north line of the Wyman Vantine farm meets the said east line of the Rutland Railroad; thence easterly in the north boundary line of the Wyman Vantine farm to the main north and south highway and across the same to its east side; then southerly in the east line of said highway to the point at which the north line of the J. J. Bedard farm meets the said highway; thence in the north boundary line of the J. J. Bedard farm to a point about 315 feet from said highway; thence southerly in a line parallel to said highway through the farm of J. J. Bedard, A. W. Darby, Horace Sheldon and G. W. Sabre to the northeast corner of the property of N. K. Martin, continuing southerly in the east boundary lines of the property of N. K. Martin, W. J. Jameson, I. P. Grant and I. N. Gurdy; thence southerly across the rights of way of the Central Vermont Railway and Rutland Railroad in a straight line to the point of beginning; is hereby incorporated and made a body corporate, and shall hereafter be known by the name of the Village of Alburgh and by that name may have perpetual succession and be capable of suing and being sued and may have a common seal and the same alter at pleasure.
- Subchapter 002: VILLAGE MEETINGS
§ 203-201. Annual and special meetings
The annual meeting of said corporation shall be held on the first Tuesday in May of each year at such hour as the notice hereinafter mentioned shall state, in the Town Hall in said Village or at such other time and place as said corporation shall hereafter appoint, of which a notice shall be posted in three public places in said Village at least 10 days previous to said meeting, which notice shall be signed by the Clerk of said corporation, and in case of his or her failure, by the trustees, and for want of such trustees by a majority of the justices of the peace residing in the Village; and whenever five legal voters of said corporation shall so request in writing, the Clerk, and upon his or her neglect or refusal, the trustees, may call a special meeting of said corporation, giving notice of the same in like manner, and specifying in said notice the object of such meeting. At such meeting none but inhabitants qualified by law to vote in Town meetings in said Town, and who have resided for one year within the bounds hereinbefore described and established for such Village, shall be entitled to vote.
- Subchapter 003: OFFICERS
§ 203-301. Election of officers
At each annual meeting of said Village there shall be elected the following officers: one trustee, a Clerk, Treasurer, Collector, and one auditor. Such elections shall be by ballot if called for, the terms of office of officers elected at the annual meeting shall commence at the time of their election and continue for one year, and until their successors are chosen and qualified, except for the term of office of trustee whose term will be five years and the term of office of auditor whose term will be three years. (Amended 2001, No. M-10 (Adj. Sess.), § 2.)
§ 203-302. Terms of officers
The term of office of officers elected at the annual meeting shall commence at the time of their election and continue for one year, and until their successors are chosen and qualified, provided the term of office of trustees shall be five years except as provided in the preceding section.
§ 203-303. Vacancies
The trustees shall fill a vacancy occurring in a Village office, and such person so appointed shall serve for the unexpired term unless superseded. But the Village may, at any time before the expiration of such term, supersede such appointment by a new election at a special meeting, duly warned for such purpose, for the remainder of the term.
§ 203-304. Presiding officer
The senior member of the Board of Trustees shall preside at Village meetings. The presiding officer in a Village meeting shall have the same power and duties as a moderator in town meetings. (Amended 2001, No. M-10 (Adj. Sess.), § 3.)
§ 203-305. Board of Trustees
The Board of Trustees shall have the management of the affairs of the Village and the necessary powers for that purpose.
§ 203-306. Clerk
The Clerk shall keep a record of the proceedings of said corporation, and shall have power to certify copies of the same. The Clerk shall also have the usual powers and duties incident to clerks of such corporation.
§ 203-307. Treasurer and Collector
The Treasurer and Collector shall have similar powers and duties to those of town treasurers and town collectors. They shall each give bonds to the Village conditioned for the faithful performance of the duties of their respective offices in such sums and with such sureties as the trustees may prescribe. If a Treasurer or Collector does not give such bonds within 10 days after election or appointment, the office shall be vacant.
§ 203-308. Auditors
The auditors shall, previous to each annual Village meeting, examine and adjust the accounts of the Village officers, and report the amounts so adjusted with the items thereof, and also the state of the treasury, to said annual meeting. The auditors shall cause their report to be printed at the expense of the Village and circulated among the taxpayers thereof at least 10 days previous to such annual meeting.
§ 203-309. Claims and accounts of Village officers
The auditors shall not allow a claim or account for the personal service of a Village officer except when compensation for such service is fixed by law or by a vote of the Village. The auditors shall include in their report to the Village a statement of the amount of such claims presented and disallowed, with the nature and extent of the services rendered for which such compensation was claimed.
- Subchapter 004: VILLAGE BYLAWS
§ 203-401. Authority to adopt bylaws
Said Village may establish, alter, and repeal bylaws on the following subject matters:
First. Relating to its streets, sidewalks, parks, and public grounds; the cleaning, repairing, and improving of the same, and to compel persons to remove from the sidewalks and gutters adjacent to the premises owned by them, snow, ice, dirt, and garbage and other obstructions, and to keep such sidewalks and gutters clean.
Second. Relating to a watch and lighting of the streets.
Third. Relating to slaughterhouses and nuisances generally, and to compel the owner or occupant of an unwholesome, noisome, or offensive house or place to cleanse the same from time to time as may be necessary for the health or comfort of the inhabitants of said Village.
Fourth. Relating to sewers.
Fifth. Relating to a water supply for the protection of the Village against fire and for other purposes.
Sixth. To restrain animals from running at large in said Village.
Seventh. To establish and regulate markets.
Eighth. To erect and regulate location of hay scales.
Ninth. To suppress disorderly and gaming houses of all description of gaming, and for the destruction of instruments and devices used for that purpose.
Tenth. To prevent immoderate driving in the streets, and cruelty to animals.
Eleventh. To regulate the erection of buildings and to regulate the use of buildings in crowded localities for hazardous purposes.
Twelfth. To regulate the making, alteration, and repair of stovepipes, fireplaces, and other things from which damage by fire may be apprehended, and in general to provide for the preservation of buildings from fire by precautionary measures and inspections.
Thirteenth. To regulate the manufacture and keeping of gunpowder and all other combustibles and dangerous materials.
Fourteenth. To regulate and restrain the use and sale of rockets, squibs, firecrackers, toy pistols, or other fireworks within the Village.
Fifteenth. To establish and regulate a fire department and fire and hook and ladder company or companies when necessary.
Sixteenth. To regulate the exhibitions of shows not interdicted by law.
Seventeenth. To license innkeepers and victualers, keepers of billiard and other saloons; peddlers, itinerant vendors, and auctioneers under regulations prescribed by the Village. Moneys received for such licenses shall be paid into the Village treasury.
Eighteenth. To prohibit and punish wilful injury to trees planted for shade or ornament, convenience, or use, public or private, and to prevent and punish trespassers or wilful injuries to or upon public buildings, squares, commons, cemeteries, or other property or properties. And such Village may establish, alter, or repeal other bylaws which it may deem necessary for the well-being of said Village, and for the proper regulation of the officers thereof, and not repugnant to the laws of the State.
§ 203-402. Imposition of forfeitures
The Village may impose a forfeiture of not exceeding $25 for violation of any bylaw. Such forfeiture may be recovered in an action of tort founded on this charter, brought in the name of the Village; and in any such action a general complaint counting on the bylaws shall be sufficient.
§ 203-403. Violations
In an action for violation of a bylaw, the process may issue against the body of the defendant and if he or she is found guilty, and it appears to the court before whom the action is tried that the cause of action arose from wilful or malicious act or neglect of the defendant it shall so adjudge, and shall further adjudge that the defendant ought to be confined in close jail, and may issue execution against the body of such defendant with a certificate of such finding indorsed thereon; and such execution with such certificate thereon shall have the same effect as an execution issued on a judgment founded upon tort with a like certificate indorsed thereon.
- Subchapter 005: TAXATION
§ 203-501. Grand list
The grand list of the ratable estate within said Village, as made out by the listers of the Town of Alburgh shall be the grand list of said Village; and the trustees shall cause a copy of such list to be made and filed in the office of the Clerk of said Village within 10 days, or as soon thereafter as practicable.
§ 203-502. Assessment of tax on grand list
The Village may, at any legal meeting, assess a tax on the grand list of the Village for any of the purposes specified in this act.
- Subchapter 006: SERVICE AS LEGAL OR LAW ENFORCEMENT OFFICER
§ 203-601. Residency not disqualification to serve
No person being a resident or taxpayer of said corporation shall thereby be deemed disqualified to act as judge, justice, juror, sheriff, deputy sheriff, constable or, police officer in any matter, cause or proceeding in which said corporation shall be interested.
- Subchapter 007: EFFECTIVE DATES
§ 203-701. [Transitional provisions relating to adoption of the charter]
§ 203-702. [Transitional provisions relating to adoption of the charter]
- Subchapter 008: CONSTRUCTION AND MAINTENANCE OF VILLAGE INFRASTRUCTURE
§ 203-801. Authority to construct and maintain infrastructure
The Village of Alburgh is authorized and empowered to construct, extend, renew, and maintain a common sewer or sewers in said Village; to build and maintain sidewalks and curbings along the streets and public highways therein; to oil and sprinkle the streets in said Village; and to acquire by purchase or construction a lighting system for the use of such Village or its inhabitants.
§ 203-802. Eminent domain authority
For any of the foregoing purposes said Village may take, use, or occupy the land of individuals and corporations on making compensation therefor, and the trustees in the taking of such land and in the awarding of damages therefor shall proceed in the manner prescribed by law for selectmen in the taking of land for public highways and in the awarding of damages. The trustees shall cause to be recorded in the office of the Village Clerk a certificate of their doings which shall be signed by a majority.
§ 203-803. Procedures for eminent domain authority
In all proceedings under this act for taking land, rights, or property the trustees shall pass upon the convenience and necessity therefor at hearings held by them after giving notice to each owner or person interested therein of the time, place, and purpose of such hearing. Such notice shall give a description of the land, property, or rights to be taken and used. At such hearing the trustees shall determine the question of convenience and necessity and decide the question of damages and shall pay or tender the amount of such damages to the person or persons entitled to the same, in the same manner as is provided by law for selectmen in taking lands for highways and in awarding damage therefor. A person aggrieved by any act of the trustees in the taking of lands, rights, or property for the foregoing purposes and in the awarding of damages therefor may have the same right of appeal, and in the case of such appeal proceedings shall be had in the same manner as is provided for appeals from acts of selectmen in taking land and awarding damages for highway purposes.
§ 203-804. Assessments for sidewalks and curbs
Said Board of Trustees in making, altering, or repairing sidewalks and curbs shall have power, subject to the ordinances and bylaws of said Village, on giving 12 days' notice to the parties interested, of the time and place of hearing, to assess the owners of lands or buildings benefited thereby, so much of the expense of making, altering, or repairing said sidewalks and curbs as they shall judge such lands or buildings abutting such sidewalks and curbs to be benefited thereby; such assessment not to exceed 50 percent of the cost of such making, altering, or repairing. And when they shall make any assessment, they shall make a report thereof, in writing, setting forth their doings in that respect, and cause said report to be recorded in the Village Clerk's office; and when so recorded the amount so assessed shall be and remain a lien in the nature of a tax upon the land so assessed until the same shall be paid. From such assessment there shall be the right of appeal to the county court as is provided in case of laying out, constructing, or repairing sewers and drains in the charter of said Village, and the final decision of the county court in the matter of such appeal, where the record thereof is recorded as aforesaid, shall be a lien upon the lands so assessed, but such appeal shall not delay the making, altering, or repairing of such sidewalks and curbs.
§ 203-805. Recordation and collection of sidewalk and curbing assessments
(a) Said Board of Trustees shall, as soon as may be after they have caused said report and assessments to be recorded in the Village Clerk's office of the Village of Alburgh, place a list of said assessments in the hands of the Village Treasurer for collection. The Village Treasurer shall thereupon forthwith notify, in writing, the owner or owners of land or buildings so assessed, their agents, or attorneys, stating therein the amount of such assessment. All such assessments shall be paid to the Village Treasurer within 60 days after the same have been filed for record in the office of the Clerk of the Village of Alburgh, and such assessments and the interest thereon shall be and remain a lien upon the lands and buildings assessed until the same are fully paid.
(b) If an owner or owners of any land or buildings assessed under the provisions of this charter shall neglect or refuse to pay any such assessment, with interest, as hereinbefore provided, to the Village Treasurer within the time prescribed for such payment, the Village Treasurer shall issue his or her warrant to the Village Collector of Taxes for the collection of said assessment, which warrant shall be in the form now prescribed by law for collection of town or other taxes, and such Collector shall have authority to sell at public auction so much of said lands as will satisfy such assessments, and the legal fees and shall proceed in the same manner and have the same fees as a collector of taxes in a town in selling land for the payment of taxes.
(c) Whenever a description of lands or buildings is required for the purposes of making assessments under the provisions of this charter, reference to the conveyance to the owner, giving date thereof, the name of the person from whom acquired, and the volume and page of the land records in the Town Clerk's office in which the same is recorded, shall be sufficient.
§ 203-806. Taxation for infrastructure improvements
The legal voters of the Village of Alburgh, at any annual or special meeting warned for that purpose, may vote a tax upon the grand list of said Village for any of the purposes herein mentioned.
§ 203-807. Construction of individual sewer and drain connections
The owner of property abutting or adjacent to any street or alley in said corporation through which a public sewer has been constructed, shall construct under the direction of the trustees a suitable sewer or drain from the owner's property and properly connect the same with said public sewer. If, after 20 days' notice in writing by the trustees to the owner of such property, of such requirement such owner fails or neglects to construct or connect such sewer the trustees shall enter upon such property and make such connection, assessing therefor the actual cost of so doing against such property and the owner thereof. Said trustees shall file in the office of the Village Clerk of the Village of Alburgh an itemized statement of the costs of constructing and connecting said sewer, and the amount so assessed shall be and remain a lien upon said property and shall be enforced and collected in the same manner as is provided in this act for the enforcement and collection of assessments.
§ 203-808. Assessment of sewer service fee
The trustees of the Village of Alburgh may, on due notice and after hearing, assess against the property connected with the system in such Village a service fee to be used by said Village for the maintenance, upkeep, and repair of the sewage system, which shall not exceed such limit for each owner or tenant occupying the property or any portion thereof as the Village shall from time to time determine by a majority vote at any annual or special meeting duly warned for that purpose.
§ 203-809. Funds for sidewalk and curbing repairs
The selectmen of the Town of Alburgh shall, on or before the first day of November in each and every year, draw their order on the Treasurer of the Town of Alburgh for a sum of money equal to 10 percent of the Village grand list, which shall be used by the Village of Alburgh in building, repairing, and maintaining sidewalks and curbs within said Village. After the passage of this act the Town of Alburgh shall be relieved from any liability or expense for building, repairing, and maintaining sidewalks and curbs within the Village of Alburgh; and thereafter the Village of Alburgh shall assume all such liabilities. But the Town of Alburgh shall not be relieved from such liability except upon the payment of the 10 percent.