The Vermont Statutes Online

Title 24 Appendix: Municipal Charters

Chapter 203: Village of Alburgh

• Subchapter 001: BOUNDARIES AND CORPORATE EXISTENCE

• § 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 that 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

• § 201. Annual and special meetings

  The annual meeting of the Village shall be held on the first Tuesday in May of each year at such hour as the notice mentioned in this section shall state, in the Town Hall in said Village or at such other time and place as the Village shall hereafter appoint, of which a notice shall be posted in three public places in the Village at least 10 days previous to the meeting, which notice shall be signed by the Clerk of the corporation, and in case of the Clerk’s failure, by the trustees, and for want of the trustees by a majority of the justices of the peace residing in the Village; and whenever five legal voters of the Village shall so request in writing, the Clerk, and upon the Clerk’s neglect or refusal, the trustees, may call a special meeting of the Village, giving notice of the same in like manner, and specifying in the notice the object of the meeting. At the meeting none but inhabitants qualified by law to vote in Town meetings in the Town, and who have resided for one year within the bounds described in section 101 of this charter and established for the Village, shall be entitled to vote. (Amended 2023, No. 6, § 262, eff. July 1, 2023.)

• Subchapter 003: OFFICERS

• § 301. Election and appointment of officers

  (a) Elected officers. At each annual meeting of said Village there shall be elected the following officers:

  (1) one trustee;

  (2) one Collector; and

  (3) one auditor.

  (b) Terms. The 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.

  (c) Appointed officers. The Village Board of Trustees shall appoint a Village Clerk and Village Treasurer. The Clerk and Treasurer do not need to be residents of the Village. (Amended 2001, No. M-10 (Adj. Sess.), § 2; amended 2023, No. M-5, § 2, eff. May 15, 2023.)

• § 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 section 301 of this charter. (Amended 2023, No. 6, § 263, eff. July 1, 2023.)

• § 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.

• § 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.)

• § 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.

• § 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.

• § 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.

• § 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.

• § 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

• § 401. Authority to adopt bylaws

  The 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 those 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 the 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. Monies received for such licenses shall be paid into the Village treasury.

  Eighteenth. To prohibit and punish willful injury to trees planted for shade or ornament, convenience, or use, public or private, and to prevent and punish trespassers or willful injuries to or upon public buildings, squares, commons, cemeteries, or other property or properties. And the Village may establish, alter, or repeal other bylaws that it may deem necessary for the well-being of the Village and for the proper regulation of the Village officers and not repugnant to the laws of the State. (Amended 2023, No. 6, § 264, eff. July 1, 2023.)

• § 402. Imposition of forfeitures

  The Village may impose a forfeiture of not exceeding $25.00 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.

• § 403. Violations

  In an action for violation of a bylaw, the process may issue against the body of the defendant and if the defendant is found guilty, and it appears to the court before whom the action is tried that the cause of action arose from willful 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 the defendant with a certificate of the finding indorsed on the execution, and the execution with the certificate shall have the same effect as an execution issued on a judgment founded upon tort with a like certificate. (Amended 2023, No. 6, § 265, eff. July 1, 2023.)

• Subchapter 005: TAXATION

• § 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.

• § 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 charter. (Amended 2023, No. 6, § 266, eff. July 1, 2023.)

• Subchapter 006: SERVICE AS LEGAL OR LAW ENFORCEMENT OFFICER

• § 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

• § 701. [Transitional provisions relating to adoption of the charter]

• § 702. [Transitional provisions relating to adoption of the charter]

• Subchapter 008: CONSTRUCTION AND MAINTENANCE OF VILLAGE INFRASTRUCTURE

• § 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 the Village; to build and maintain sidewalks and curbings along the streets and public highways in the Village; to oil and sprinkle the streets in the Village; and to acquire by purchase or construction a lighting system for the use of the Village or its inhabitants. (Amended 2023, No. 6, § 267, eff. July 1, 2023.)

• § 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 for the taking, and the trustees in the taking of land and in the awarding of damages shall proceed in the manner prescribed by law for selectboards 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. (Amended 2023, No. 6, § 268, eff. July 1, 2023.)

• § 803. Procedures for eminent domain authority

  In all proceedings under this charter for taking land, rights, or property, the trustees shall pass upon the convenience and necessity for the taking at hearings held by them after giving notice to each owner or interested person of the time, place, and purpose of the hearing. The notice shall give a description of the land, property, or rights to be taken and used. At the 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 the damages to the person or persons entitled to the same, in the same manner as is provided by law for selectboards in taking lands for highways and in awarding damages. 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 may have the same right of appeal, and in the case of an appeal, proceedings shall be had in the same manner as is provided for appeals from acts of selectboards in taking land and awarding damages for highway purposes. (Amended 2023, No. 6, § 269, eff. July 1, 2023.)

• § 804. Assessments for sidewalks and curbs

  The Board of Trustees in making, altering, or repairing sidewalks and curbs shall have power, subject to the ordinances and bylaws of the Village, on giving 12 days’ notice to the parties interested, of the time and place of hearing, to assess the owners of the benefited lands or buildings, so much of the expense of making, altering, or repairing the sidewalks and curbs as they shall judge the lands or buildings abutting the sidewalks and curbs to be benefited by the sidewalks and curbs; the assessment not to exceed 50 percent of the cost of making, altering, or repairing the sidewalks and curbs. And when they shall make any assessment, they shall make a report thereof, in writing, setting forth their doings in that respect, and cause the 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 the 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 the Village, and the final decision of the county court in the matter of the appeal, where the record of the report is recorded pursuant to this section, shall be a lien upon the lands so assessed, but the appeal shall not delay the making, altering, or repairing of the sidewalks and curbs. (Amended 2023, No. 6, § 270, eff. July 1, 2023.)

• § 805. Recordation and collection of sidewalk and curbing assessments

  (a) The Board of Trustees shall, as soon as may be after they have caused the report and assessments to be recorded in the Village Clerk’s office of the Village of Alburgh, place a list of the assessments in the hands of the Village Treasurer for collection. The Village Treasurer shall forthwith notify, in writing, the owner or owners of land or buildings so assessed, their agents, or attorneys, stating the amount of the 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 the assessments and any interest 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 provided in this charter, to the Village Treasurer within the time prescribed for the payment, the Village Treasurer shall issue the Village Treasurer’s warrant to the Village Collector of Taxes for the collection of the assessment, which warrant shall be in the form now prescribed by law for collection of town or other taxes, and the Collector shall have authority to sell at public auction so much of the lands as will satisfy the 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. (Amended 2023, No. 6, § 271, eff. July 1, 2023.)

• § 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 the Village for any of the purposes mentioned in this charter. (Amended 2023, No. 6, § 272, eff. July 1, 2023.)

• § 807. Construction of individual sewer and drain connections

  The owner of property abutting or adjacent to any street or alley in the Village 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 the property, of the requirement the owner fails or neglects to construct or connect the sewer the trustees shall enter upon the property and make the connection, assessing for the connection the actual cost of so doing against the property and the owner of the property. The 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 the sewer, and the amount so assessed shall be and remain a lien upon the property and shall be enforced and collected in the same manner as is provided in this charter for the enforcement and collection of assessments. (Amended 2023, No. 6, § 273, eff. July 1, 2023.)

• § 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.

• § 809. Funds for sidewalk and curbing repairs

  The selectboard of the Town of Alburgh shall, on or before the first day of November in each and every year, draw its 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 the Village. After the passage of this charter, 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. (Amended 2023, No. 6, § 274, eff. July 1, 2023.)