§ 15-2311 — Financing of river improvements; assessment and collection of cost; correction and revision of assessments

New York § 15-2311

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 23: River Improvement
• Art. 15: Water Resources

Text

§ 15-2311. Financing of river improvements; assessment and collection of\ncost; correction and revision of assessments.\n 1. After a river improvement project has been duly authorized and the\ndetermination of benefits and the apportionment of cost thereof duly\nrecorded, the department may finance such improvement pursuant to the\nLocal Finance Law. If obligations are issued, they shall not be\nconstrued in any event as obligations of the state, and neither the\nstate, the department, nor any member thereof personally shall be\nobligated to pay the principal or interest therefor. Such obligations\nshall be lawful investments for savings banks, trust companies,\nexecutors and trustees and for any of the funds of the state which by\nlaw may be invested. The proceeds thereof shall be deposited in a\nnational or state bank or trust company either in Albany or in one of\nthe counties in which such improvement is made, to be approved by the\nComptroller. Before any such deposit is made, the Comptroller shall\nrequire from the depository security for the repayment of the same to\nthe department upon demand of the moneys so deposited in the manner\nprovided in section 106 of the State Finance Law. Moneys received under\nthe provisions of title 23 of this article shall constitute a fund to be\nknown as the "river improvement district fund," and the portion thereof\napplicable to each improvement shall be separately kept by the\nComptroller and the same are hereby pledged to the payment of the cost\nand expenses of such improvement and the Comptroller is authorized and\ndirected to pay therefrom the costs and expenses of such improvement\nupon the order of the department or the authorized officer thereof.\n 2. The department shall, on or before September 1 following the\nissuing of any obligations and annually thereafter, prepare a statement\nof the amount to be raised during the ensuing year, in order to retire\nthe obligations maturing during such year, together with the interest\nthereon and the estimated cost of maintenance of such improvement for\nthe ensuing calendar year. Such statement shall be approved by the\nComptroller; it shall show the amount of the proportional share thereof\nto be paid by each county, town, city or village respectively as\ndetermined by the department, and such county, town, city or village\nshall cause the same to be assessed, levied and collected in the same\nmanner as provided by law with reference to general taxes, and paid to\ntreasurer of the county, who shall forthwith forward the same to the\nComptroller to be by him paid into the river improvement district fund\napplicable to such improvement; it shall also show the amount of the\nproportional share thereof to be paid by the lands and properties\ncollectively in such improvement district within each county during such\nyear, to be assessed, levied and collected as hereinafter provided.\nCopies of this statement shall be transmitted on or before September 1\nto the Comptroller, the clerk of the county legislative body, or such\nother similar official as shall have been designated by the county\nlegislative body, the clerk of each town, the mayor of each city and the\nmayor of each village affected by such improvement.\n 3. The assessors of each town and city included in such improvement\ndistrict are hereby required to enter in a separate column in the annual\nassessment roll of such town or city before the delivery thereof to the\ncounty legislative body the description by number corresponding with the\nnumber thereof on said survey, map and descriptions so filed in the\ncounty clerk's office, each parcel of land and each designation or\ndescription of property within the county in such improvement district,\ntogether with the name of the then owner or owners thereof as far as the\nsame can be ascertained by the assessors, and set opposite such number\nand description of each separate parcel or property, in the column of\nthe roll for the total assessed valuation of property, the amount of\nbenefit by reason of such improvement received by such parcel or\nproperty as stated and specified in the determination of the department\nas modified by the court if so modified, and recorded in the office of\nthe clerk of the county.\n 4. The county legislative body shall each year at the time the annual\ntax levy is made levy upon each separate parcel and property in the\ncounty within such improvement district appearing upon the assessment\nrolls of the towns and cities included therein as herein provided, such\nportion of the amount to be paid by all of the property in the county\nwithin such improvement district appearing by the statement of the\ndepartment and the Comptroller made to the board as in title 23 of this\narticle provided as the amount so assessed against such parcel or\nproperty on the rolls for benefit accruing thereto bears to the\naggregate amount so assessed on the rolls against all of such lands and\nproperties, and the taxes so levied shall be collected in the same\nmanner as general taxes are levied and collected, and shall be like\nliens as general taxes until the amount thereof is paid to the county\ntreasurer of the county, superior in force and effect to all other liens\nexcept unpaid general taxes; provided, however, that the collection of\nsuch tax shall only be enforced by a sale of the land or property\nassessed.\n 5. On or before the first day of June in each year the county\ntreasurer shall pay the amount so to be raised in his county, as shown\nby the statement of the department and Comptroller of the previous year,\nto the Comptroller, who shall pay the same into the river improvement\ndistrict fund. The tax collectors and county treasurers collecting and\npaying such taxes to the Comptroller shall be governed by and have all\nthe powers specified in the Real Property Tax Law, which formerly were\nspecified in articles 4 and 7 of the Tax Law for the collection of taxes\nand sales of property by county treasurers for unpaid taxes and\nredemption of lands.\n 6. In the event that obvious errors or discrepancies should be\ndiscovered in any assessment of benefits or apportionment of cost made\nunder the provisions of title 23 of this article, the department may\ncorrect the same by filing corrected copies of the statement of such\nassessment and apportionment and following the procedure specified\nabove. Should such correction be made the county legislative body are\nempowered to levy additional sums on or to give credit to certain\nparcels to the end that the amount collected from each parcel shall be\nwhat it should have been had an error not been made. Such county\nlegislative body is also empowered to apply to the department for an\nadjustment of assessments among the various parts into which an original\nparcel may be subdivided. The department shall file and record its\nfindings in such cases as amendments to the original or corrected\nassessment, and shall give notice to the parties affected, but need hold\nno hearing thereon unless such hearing be demanded within ten days after\nnotice is given by a party affected. None of the above proceedings shall\nbe held to reopen the determination of an assessment or apportionment,\nor both, except as to the particular matter involved. Should the\ndepartment at any time find that a former assessment or apportionment\nappears with the lapse of time or in the light of new knowledge and\nexperience to have become inequitable it may so declare by written order\nand proceed to review the whole matter by following the full procedure\nlaid down in section 15-2303.\n