§ 219-26. 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.)