§ 285-25. 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 selectmen 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 the selectmen 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.)