The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
009
:
WATER AND SEWERS
(Cite as: 24 App. V.S.A. ch. 219, § 26)
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§ 26. Sewers and drains; assessment
(a) Every person whose particular drain shall enter into any sewer or main drain or who
in the opinion of the trustees shall receive benefit thereby for draining the person’s
premises, including all owners of buildings, lands, or premises adjacent to or abutting
on any street or streets along which the sewer or main drain shall be laid, shall
be liable to contribute a just share for the benefits received toward the expenses
of laying and constructing the sewer or main drain and shall be assessed therefor
by the trustees; and six days’ notice in writing of time and place of the assessment
for the contribution shall be given to the person, the person’s agent, tenant, or
lessee; or in their or either of their absence, at their last and usual place of abode
in the Village; and if the person has no known tenant or lessee, then a copy of the
notice shall be left in the Town Clerk’s office of the Town of Enosburgh for the person;
and a certificate of the assessment shall be left with the Clerk of the Village of
Enosburg Falls and recorded by the Clerk and, when so recorded, the amount assessed
shall be and remain a lien in the nature of a tax upon the lands assessed until paid;
and if the owner of the lands shall neglect for 60 days after the final decision of
the trustees, or final decision in case of petition and appeal to the Superior Court,
to pay to the Village Treasurer the amount of such assessment, the trustees shall
issue their warrant for the collection of the same, directed to the Village Collector
of Taxes, who shall have authority to sell at public auction so much of the lands
as will satisfy the assessment and all legal fees and who shall proceed in the same
manner as collectors of town taxes are required by law to proceed in selling real
estate at auction for the collection of town taxes, or the trustees’ warrant for the
collection of the assessment may run against the goods, chattels, or estate of the
delinquent, and shall be executed accordingly.
(b) If in the judgment of the trustees it would be unjust to make an assessment for contribution
upon such persons sufficient to pay the full expense of laying and constructing the
sewer or main drain, the trustees shall assess the persons for an amount as they deem
equitable and just under all the circumstances, and the balance of the expense, if
any, shall be paid by a tax on the grand list of the Village. (Added 1892, No. 119, § 1; amended 1894 No. 178, § 2; 2007, No. M-22 (Adj. (Sess.), § 11, eff. May 19, 2008.)