State Codes and Statutes

Statutes > New-york > Nav > Article-5 > 81

§ 81. Supervisor  to  serve  notice.  It  shall  be  the  duty  of the  supervisor of the town or the president of the incorporated  village  in  which  any  such  tidewater  creek or estuary is located, in whole or in  part, to serve written or printed notice on the  chief  officer  of  the  municipal corporation so diverting water from the stream of fresh water,  or  on the superintendent or other person in charge of the works, at any  time, of  the  fact  of  such  tidewater  creek  or  estuary  not  being  maintained  at  the  depth  and  width herein provided for, and the said  municipal corporation shall within fifteen days thereafter, by  dredging  or otherwise, restore such navigable stream to the depth as specified by  this  article;  and  it  shall  not  be  lawful  for such corporation to  continue the diversion of any such fresh water stream after said fifteen  days have expired from the  time  of  serving  such  notice,  until  the  tidewater  creek  or estuary into which any such stream flows shall have  been deepened to the required  depth  and  width.    If  such  municipal  corporation  disputes  any  of the allegations of fact contained in such  notice, it must within three days after receiving  the  notice  cause  a  reply  in writing to be served on the town or village officer whose name  is signed thereto by delivering the same to him personally,  or  to  the  town  clerk  or  village  clerk  as  the  case may be, and such reply in  writing must state what alleged  fact  is  disputed,  and  also  clearly  specify  the reasons for controverting the allegations of fact contained  in the notice.

State Codes and Statutes

Statutes > New-york > Nav > Article-5 > 81

§ 81. Supervisor  to  serve  notice.  It  shall  be  the  duty  of the  supervisor of the town or the president of the incorporated  village  in  which  any  such  tidewater  creek or estuary is located, in whole or in  part, to serve written or printed notice on the  chief  officer  of  the  municipal corporation so diverting water from the stream of fresh water,  or  on the superintendent or other person in charge of the works, at any  time, of  the  fact  of  such  tidewater  creek  or  estuary  not  being  maintained  at  the  depth  and  width herein provided for, and the said  municipal corporation shall within fifteen days thereafter, by  dredging  or otherwise, restore such navigable stream to the depth as specified by  this  article;  and  it  shall  not  be  lawful  for such corporation to  continue the diversion of any such fresh water stream after said fifteen  days have expired from the  time  of  serving  such  notice,  until  the  tidewater  creek  or estuary into which any such stream flows shall have  been deepened to the required  depth  and  width.    If  such  municipal  corporation  disputes  any  of the allegations of fact contained in such  notice, it must within three days after receiving  the  notice  cause  a  reply  in writing to be served on the town or village officer whose name  is signed thereto by delivering the same to him personally,  or  to  the  town  clerk  or  village  clerk  as  the  case may be, and such reply in  writing must state what alleged  fact  is  disputed,  and  also  clearly  specify  the reasons for controverting the allegations of fact contained  in the notice.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Nav > Article-5 > 81

§ 81. Supervisor  to  serve  notice.  It  shall  be  the  duty  of the  supervisor of the town or the president of the incorporated  village  in  which  any  such  tidewater  creek or estuary is located, in whole or in  part, to serve written or printed notice on the  chief  officer  of  the  municipal corporation so diverting water from the stream of fresh water,  or  on the superintendent or other person in charge of the works, at any  time, of  the  fact  of  such  tidewater  creek  or  estuary  not  being  maintained  at  the  depth  and  width herein provided for, and the said  municipal corporation shall within fifteen days thereafter, by  dredging  or otherwise, restore such navigable stream to the depth as specified by  this  article;  and  it  shall  not  be  lawful  for such corporation to  continue the diversion of any such fresh water stream after said fifteen  days have expired from the  time  of  serving  such  notice,  until  the  tidewater  creek  or estuary into which any such stream flows shall have  been deepened to the required  depth  and  width.    If  such  municipal  corporation  disputes  any  of the allegations of fact contained in such  notice, it must within three days after receiving  the  notice  cause  a  reply  in writing to be served on the town or village officer whose name  is signed thereto by delivering the same to him personally,  or  to  the  town  clerk  or  village  clerk  as  the  case may be, and such reply in  writing must state what alleged  fact  is  disputed,  and  also  clearly  specify  the reasons for controverting the allegations of fact contained  in the notice.