§ 164-12. Private road assessment notice to remedy substandard condition, enforcement, public hearing costs and expenses., Chapter 164. Property Maintenance, Part II. General Legislation, Code of Ordinances, Upper Brookville

Every private road user shall be jointly responsible with the other private road users for the maintenance of their private road to the designated private roadway assessment rating for the type of road, taking into account the number of private road users. The private roadway assessment rating criteria shall be as established by resolution of the Board of Trustees. Upon the written request of 66 2/3% of the private road users of any private road, the Village shall conduct a private road assessment. The written request shall list the name and address of all private road users and their private user maintenance contribution, along with the road assessment fee for the Village Engineer. Upon receipt of the request and fee, the Village Engineer shall perform the private road assessment to determine the road assessment rating and provide recommendations for either repair, maintenance or reconstruction.

If the private road assessment is found substandard, notice of the determination of the Village Engineer, along with his report, finding and recommendation shall be sent to every private road user for the private road that was assessed, along with notification of the action to be taken, the time frame allotted for compliance and each private road user's maintenance contribution that will be required. The form of notice, notice procedures and hearing requirements shall comply with the provisions of § 130-8 above as applicable.

After a public hearing is held, the Board of Trustees may determine that corrective action needs to be taken to address any substandard conditions noted in the Village Engineer's findings and report. Upon 30 days' written notice to all private road users affected, the Board of Trustees may authorize in their discretion the corrective action to be taken. All costs and expenses (including legal fees) ("expenses") shall be assessed to all private road users, but prorated to each private road user based upon their private user maintenance contribution. Failure of a private user to reimburse the Village for the private user's pro rata share of the expenses shall result in those expenses being assessed against the private road user's property, as a lien to be included on the defaulting private road user's property tax bill and collected as provided by law for the collection of delinquent taxes.