Office abolished. Delivery and rec ninc, inclusive, is hereby repealed and the office of state fire marshal and all offices and positions therein abolished. All property, of property books, papers, records and documents pertaining to the office, powers and duties of state fire marshal in the possession or control of such officer or his subordinates, shall be delivered on demand to the director of the state library and by him kept and preserved until otherwise provided by statute. ords to director of state library. § 2. Section two of chapter four hundred and fifty-three of the laws of nineteen hundred and twelve, entitled "An act to amend the insurance law, in relation to state fire marshal," is hereby repealed. § 3. This act shall take effect immediately. L. 1903, ch. 285. § 1, as amended ch. 295, Chap. 5. AN ACT to amend chapter two hundred and eighty-five of the laws of nineteen hundred and three, entitled "An act to organize and establish a police department in the village of Port Chester," in relation to levying taxes. Became a law February 18, 1915, with the approval of the Governor. Passed. three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section one of chapter two hundred and eighty-five of the laws of nineteen hundred and three, entitled "An act to by L. 1912, organize and establish a police department in the village of Port Chester," as amended by chapter two hundred and ninety-five of the laws of nineteen hundred and twelve, is hereby amended to read as follows: amended. Appoint ment, com and quali of members department. 1. The board of trustees of the village of Port Chester shall pensation appoint a chief of police and such number of sergeants and policefications men, or police constables, as they may deem necessary and proper, of police and such other officers and employees of the police department as from time to time may be necessary, and to fix their compensation, but no person shall be appointed by said board a chief of police, sergeant or patrolman, or other police officer, who is not a citizen of the United States or who has ever been convicted of a crime, or who cannot understandingly read and write the English language, or who has not been a resident of the village of Port Chester for on charges hearing at least three years immediately preceding his appointment, and who is over the age of forty-five years, and who is not able to fulfill such requirements as the board of trustees may by ordinance fix or as required by any statute of the state of New York, nor shall any police officer so appointed continue to act as such after reaching the age of sixty-five years. A member so appointed to any Removal position on the police force shall only be removed from the depart- and after ment by the board of trustees, or fined or suspended (except that only. he may be suspended for not more than ten days) for misbehavior, drunkenness, neglect of duty, failure to obey orders in any capacity, and then not until after written charges shall have been preferred against him and the same shall have been publicly heard and examined by said board of trustees, after reasonable notice to him of such proceedings and the nature thereof, and the taking of such testimony as shall be offered, and the action of the board of trustees shall be reviewable by the courts. The said trustees Tax for are authorized and empowered to raise all taxes, to be assessed of depart upon the property, real and personal, within the bounds of said corporations, and to be collected from the several owners and occupants thereof annually, a sum not exceeding one-third1 of one per centum of the total assessed valuation of the real and personal property in said village as appears upon the assessment roll of the preceding year, for the purpose of defraying the expenses of the police department, to be known as the police fund. The police committee, consisting of three members of the board Trustees of trustees, to be annually appointed by the president of the village, pension together with the president of the village and the chief of police, shall be trustees of the police pension fund to be created, maintained and distributed as hereinafter provided. 82. This act shall take effect immediately. 1 Formerly "one-sixth.” expenses ment. of police fund. L. 1868, ch. 318, as amended ch. 245, L. 1894, ch. 623, L. 1896, ch. 591, Chap. 6. AN ACT to amend chapter eight hundred and eighteen of the laws of eighteen hundred and sixty-eight, entitled "An act to incorporate the village of Port Chester," in relation to procedure and powers in respect to laying sidewalks and setting curb and gutter stones. Became a law February 18, 1915, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section thirty-three of title five of chapter eight tit. 5, § 33, hundred and eighteen of the laws of eighteen hundred and sixtyby L. 1875, eight, entitled "An act to incorporate the village of Port Chester," as amended by chapter two hundred and forty-five of the laws of eighteen hundred and seventy-five, by chapter six hundred and twenty-three of the laws of eighteen hundred and ninety-four, by and L. 1908, chapter five hundred and ninety-one of the laws of eighteen hundred and ninety-six, by chapter two hundred and nineteen of the laws of nineteen hundred and two, and by chapter thirty-two of the laws of nineteen hundred and eight, is hereby amended to read as follows: L. 1902, ch. 219, 32, ch. amer.ded. § 33. It shall be the duty of the owner or occupants of lands fronting on any of the streets, avenues or highways of said village to construct, relay and keep in repair the sidewalks and curb and gutter stones in front of their respective lands or residences, and whenever the board of trustees shall order a sidewalk to be laid, made, altered or repaired, or curb and gutter stones to be set, they shall give notice to the owner or occupant of the premises along or in front of which such sidewalk is ordered to be laid, made, altered or repaired or such curb and gutter stones. to be set by causing a copy of such order to be delivered to him personally and left with him, or in case of his absence from his residence, by leaving such copy with a person of suitable age and discretion at his residence; or in case such notice cannot be served as aforesaid, or such owner is not a resident of said village, then by serving the same on the agent or the person having charge of the property, and if there be no such agent or person or the said owner is a nonresident, then such notice shall be served by publishing the same once a week for two weeks in a public show causo failure of owner to construct, may cause be done. newspaper printed and published in said village. The order or notice directing such sidewalk to be laid, made, altered or repaired shall direct the materials to be used and the manner in which the work is required to be done, and the time in which it is required to be completed. If the owner shall not make, Order to alter or repair such sidewalk, or set such curb and gutter stones upon in the manner and within the time specified in the order or notice or such further time as the board of trustees may by resolution etc. allow, the board of trustees shall thereupon cause an order to be served or published as above provided, requiring the owner or occupant of any premises along and in front of which such sidewalk has been ordered to be laid, made, altered or repaired or such curb and gutter stones to be set to show cause why the work required to be done should not be done by the said board of trustees and why the cost and expense of doing the same should not be a lien and charge upon the premises in front of which the said work has been required to be done, and collected in accordance with the provisions of this section of the village charter, and if no Trustees cause shall be shown as required in and by said notice, the board work to of trustees shall cause such sidewalk to be laid, made, altered or repaired, or such curb and gutter stones to be set as specified in said order or notice, and all expenses incurred on such construction, Expense alteration or repairs, including an attorney's fee of not more than thereof. fifteen dollars,' shall be ascertained by the board of trustees and entered in their minutes or proceedings, and the amount thereof, together with costs of collecting the same from time of auditing, and interest thereon at the rate of seven per centum per annum, shall be a lien on the lot in front of which said sidewalk has been made, laid, altered or repaired, or such curb and gutter stones set, and a charge against the lots or owners thereof, and the president and trustees may issue their Warrants warrants for the same, returnable with the interest and per- lection. centage, out of the goods and chattels of the person legally entitled to pay the same; and out of the lands liable therefor, and Powers the receiver shall have the same power and authority under such of receiver. warrant for the collection of the assessments issued under the provisions of this act, and shall return the same in like manner; and if such warrant shall be returned unsatisfied in whole or in part, the same proceedings shall be had as for the sale of lands. assessed for other improvements in said village. The village Recovery shall also, in addition to the remedies herein given, have power action. 1 Words "including an attorney's fee of not more than fifteen lollars" new. for col and duties by civil Grades, improvements to conform to. Filing of copy of notice. Service upon joint owners. Collection with annual tax. Issue of certificates to recover by civil action, the costs, charges and expenses of said improvement or to impose a fine upon the owner or occupant failing or omitting to comply with the same. Said improvements shall conform to the grades established or to be established, or if no grade be established by resolution or ordinance, then to the natural grade or slope, as near as may be. A copy of the notice required to be served by this section, upon resident owners or occupants or persons or agent in charge of the property or published in case of non-resident owners, with the affidavit stating the time of such service or publication, shall be filed within ten days after the publication and time of such service with the clerk of said village, and shall be presumptive evidence of the facts stated therein. If there be two or more owners of any one piece of property, service upon one of them shall be sufficient. The amount expended may be assessed against the property and placed in the next annual village tax and be collected with such annual tax by virtue of the warrant of the said trustees, as is provided in respect to the collection of such annual village taxes, or they may sue for or recover the same in a civil action. The trustees may and they are hereby authorized of indebted to borrow the necessary money to defray the expense of such improvement, with interest to be repaid from such assessment when collected, and to issue certificates of indebtedness. If no grade be established by ordinance for any sidewalk, the trustees may, and they are hereby authorized to cause a map or profile to be made of such sidewalk which shall be filed with the village clerk, and said improvements shall conform to the grades shown on said map. The expense of making such map or profile shall be Repair of defrayed by the village at large. Whenever, in the opinion of the trustees, any sidewalk is in such dangerous condition that it should be forthwith repaired, and that the notice in this section required cannot be given, such repairs may be made by the village and the expense thereof shall be a lien against such lot, but notice shall afterward be given of the imposition of said lien, and an opportunity be given to the parties interested to object to any item of the expenses incurred in making such repairs. Whenever a petition for the laying of sidewalks and the setting for laying of curb and gutter stones shall be presented to said board of trustees signed by one-third in number of the owners of property abutting on any street, avenue or highway in said village or any part or portion of any street, avenue or highway on which it is requested shall have sidewalks laid and curb and gutter stones ness. Map or profile of sidewalk. sidewalks by village. Expense thereof. Notice of application sidewalks, etc. |