2023 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.