§ 25. Roads, walkways, and sewers
(a) The trustees of the Village may lay out, grade, alter, maintain, and discontinue any
street, road, lane, alley, sewer, or walk in the Village, and appraise and settle
the damages thereof, causing their proceedings to be recorded in the office of the
Clerk of the Town of Newbury, provided that any person or persons aggrieved by their
appraisal shall have the like opportunity for applying to the County Court for the
County of Orange to obtain redress, as is or may be allowed by law to those aggrieved
with the proceedings of selectboards in similar cases.
(b) The trustees in making, altering, or repairing sidewalks, culverts, sewers, or drains
shall have power, subject to the bylaws and ordinances of the Village on giving 12
days’ notice to the parties interested of the time and place of hearing to assess
the owner or occupant of land or lands benefited thereby, so much of the expense of
making, altering, or repairing the same as the trustees shall judge such land to be
benefited thereby, not to exceed one half of such expense. When any person shall be
dissatisfied with the decision of the trustees in the award of damages for laying,
making, altering, or repairing any sewer, drain, sidewalk, or culvert, or in any assessment
for benefits of the same, such person may petition the Orange County Court for a reassessment
of such damages or benefits. The persons so aggrieved by the action of the trustees
shall have the same right and opportunity for applying to the County Court to obtain
redress in the premises as is now provided by law to persons aggrieved by the action
of selectboards in like matters and proceedings.
(c) Each and every owner of a building in the Village of Wells River used for human habitation
or for business purposes situated upon any street, alley, or lane through which a
main sewer shall be constructed, and the mortgagees of such a building, shall be legally
responsible for the construction and maintenance under the direction of the trustees
of a sewer or drain from such building to such main sewer, which sewer or drain shall
be constructed and connected with the main sewer and so maintained as to provide adequate
drainage for all sewerage and liquid waste in and about the building and the premises
upon which the same shall be located, and to discharge such sewerage and waste into
the main sewer; and in case any person or persons owning such a building in the Village
shall fail or neglect to construct and maintain a proper sewer or drain from the building
to the main sewer, it shall be the duty of trustees to give the person or persons
owning or having an interest in the building and premises reasonable notice to build
and construct an adequate sewer or drain from the building and premises to the main
sewer. In case such person or persons shall fail to construct an adequate drain and
sewer within 30 days from the time of receiving the notice, it shall be the duty of
the trustees to declare the building and the premises upon which the same may be situated
a nuisance and the trustees are hereby authorized and empowered to enter upon the
premises and to build and construct an adequate sewer or drain from the premises to
the main sewer and the person or persons upon whose premises the sewer or drain shall
be so constructed, as aforesaid, shall pay to the trustees for the benefit of the
Village all of the expense incurred by the Village in constructing the sewer and drain;
and in case such person or persons fail or neglect to pay the same upon demand, the
trustees may bring an action against the persons so notified to recover such expense
in the name of the Village, and the premises shall be holden for the payment of such
expense in building the sewer or drain and no homestead or interest of any mortgagee
shall be exempt from attachment and execution in a suit brought to recover such expense. (Added 1937, No. 301, § 25.)