Section 81. Supervisor to serve notice  


Latest version.
  • 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.