NY Pub Health L § 1502 (2021)
2021 New York Laws PBH - Public Health Article 15 - Insect Control Title 1 - Municipal Insect Control 1502 - Municipal Mosquito Control; Costs; Assessment on Property Benefited.

§  1502.  Municipal  mosquito  control;  costs; assessment on property   benefited.  1. If a local board of health of a  municipality  shall  (a)   determine,  in  its  discretion,  that,  owing to the natural conditions   which are favorable to the breeding  of  mosquitoes  and  owing  to  the   benefits  to  be  secured  to  the  public  by  the  suppression of such   conditions, some part or all of the expenses of suppressing or  removing   a breeding place for mosquitoes should, in equity be borne by the owners   of  the  property  which  will be benefited by such suppression; or, (b)   deem it necessary, in order to suppress  or  remove  any  such  breeding   place,  that any swamp, bog, meadow or other low or wet lands within the   municipality over which said board has jurisdiction,  shall  be  drained   and  that  it is necessary, in order thereto, that a ditch or ditches or   other channel for the free passage of water  should  be  opened  through   lands  belonging  to  a  person  or persons other than the owners of the   lands whereon such breeding place shall be located, such local board  of   health  shall  make  application  to  the  state water power and control   commission to construct and complete such channels and ditches  for  the   free  passage  of  water, or to do such other act or thing as such local   board of health shall have determined to be necessary upon such lands in   order to suppress or remove  such  breeding  place,  and  to  apportion,   assess and collect the amount of the cost thereof from the owners of the   lands  which  will  be  benefited by the suppression and removal of such   breeding place.2. The  state  water  power  and  control  commission  shall  proceed,   construct and complete such channel and ditches, or do such other act or   thing as may be necessary, and apportion, assess and collect the cost of   the  same  from the owners of the lands benefited by such suppression or   removal, in the manner provided for the  drainage  of  any  swamp,  bog,   meadow  or  other  low or wet land and the apportionment, assessment and   collection of the cost of such drainage, by the conservation law.3. In any case where, under the provisions of this article  the  state   water  power  and  control  commission  is to determine what property is   benefited  and  to  what  extent  said  property  is  benefited  by  the   suppression or removal of any such breeding place, such commission shall   not  be  restricted  in  their  determination  to  property  immediately   adjoining the premises whereon such breeding place is located;  and,  in   apportioning  the  benefit to any property, such commission may consider   any circumstances by reason whereon any property will  be  benefited  by   the suppression and removal of such breeding place.4.  This  article  shall  be  construed  with  the  provisions  of the   conservation law. In case of conflict the  provisions  of  this  article   shall  be  substituted  for  the provisions of the conservation law, but   such parts of  the  provisions  of  the  conservation  law  as  are  not   necessarily superseded shall apply.