Sec. 19a-212. (Formerly Sec. 19-86). Nuisance arising from swampy lands.
Sec. 19a-212. (Formerly Sec. 19-86). Nuisance arising from swampy lands.
When there exist upon any premises swampy or wet places or depressions in which a foul
and unhealthy condition, arising from natural causes, permanently exists, the director of
health of the town or the health committee, director of health or board of health of any
city or borough, in which such places or depressions exist, upon the written complaint
of any person and upon finding that such places or depressions are a source of danger
to the public health, may cause such places or depressions to be filled with suitable
material or drained. When caused to be done in any town outside the limits of a city or
borough, it shall be under the direction of the selectmen of such town, and the expenses
incurred thereby shall be paid by the treasurer of the town upon the orders of the selectmen, and, when caused to be done within the limits of any city or borough, the expense
thereof shall be borne by such city or borough, provided such director of health, health
committee or board of health shall not cause to be expended in any year under the
provisions of this section a sum in excess of three hundred dollars, unless expressly
authorized by such town, city or borough to expend a greater amount. Any resident or
taxpayer of such town, city or borough may appeal from such order of any director of
health, health committee or board of health in the manner provided in section 19a-229.
If the owner of such premises, or his agent in charge thereof, has been notified in writing
by such director of health, health committee or board of health to cause such places to
be filled in or drained and has failed to do so, the owner of such premises filled in or
drained under the provisions of this section shall pay to the community performing such
work the benefits accruing to him therefrom, to be determined in the same manner as
benefits are assessed in the layout of streets and highways.
(1949 Rev., S. 3856; February, 1965, P.A. 574, S. 26.)
History: 1965 act corrected statutory reference from section 19-102; Sec. 19-86 transferred to Sec. 19a-212 in 1983.
Annotation to former section 19-86:
Cited. 170 C. 387.