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.
Last modified: February 3, 2019