§ 22-2200 — Local improvements; apportionment; bonds

New York § 22-2200

• Jurisdiction: New York
• Law VIL: Village
• Art. 22: Local Improvements

Text

§ 22-2200 Local improvements; apportionment; bonds. l. Whenever the\nboard of trustees of any village shall make local improvements at the\nexpense of the owners of the lands benefited thereby, or partly at the\nexpense of such owners and partly at the expense of the village at\nlarge, the board, before making any such local improvements, shall give\nnotice to all persons interested by publishing a notice in the official\nnewspaper that a hearing will be held, not less than ten days after the\nfirst publication of such notice, to consider the same, and after such\nhearing the board may make such improvements, either by contract or by\nvillage employees, and determine the portion of the cost to be assessed\nupon the lands benefited thereby and the portion, if any, to be borne by\nthe village at large, and also determine what lands will be benefited by\nsuch local improvements, and shall prepare and file in the office of the\nvillage clerk a map or plan of the proposed assessment district, showing\nthe lands so determined to be benefited, as soon as practicable after\nsuch hearing.\n 2. When the cost of any such local improvements has been determined\nthe board shall apportion and assess the part of the expense to be\nraised by local assessments upon the lands in such assessment district,\naccording to frontage, area, or otherwise, as the board may determine\nduring the proceedings to be just and equitable, and file a copy thereof\nin the office of the village clerk. After making such apportionment the\nboard shall publish in the official paper and serve upon each land\nowner, personally or by mail, at least ten days before the hearing, a\nnotice of the filing of such apportionment and assessment map or plan,\nand that at a specified time and place a hearing will be had to review\nand complete the same, and that the said apportionment and the said map\nor plan can be examined by any person interested therein at the office\nof the village clerk during usual business hours, prior to such hearing.\nThe board shall meet at the time and place specified in such notice and\nhear objections to such apportionment and to such assessment map. It may\nmodify and correct the same and add or exclude land to or from the area\nof local assessments, but no assessment shall be increased, and no lands\nadded thereto without notice to the owner and an opportunity to be\nheard. The board may adjourn the hearing from time to time without\nfurther notice and, as soon as practicable, shall complete the said\napportionment and assessment, and the said assessment map and file the\nsame in the office of the village clerk, and publish notice of such\ncompletion and filing in the official paper, and any person deeming\nhimself aggrieved thereby may, within fifteen days after the filing of\nsuch apportionment and map apply to a court of record for an order of\ncertiorari to review said assessments. The apportionment, the\nassessments and the map shall be deemed final and conclusive unless such\nan application to be made within such fifteen days.\n 3. The expense of any such local improvement may be raised in an\nentire amount or in installments as the board of trustees may determine.\nIf any portion of such expenses to be borne by the village at large, or\nif the entire expense of such improvement is to be assessed against the\nproperty benefited thereby, such expense may be financed pursuant to the\nlocal finance law.\n 4. All local assessments levied against real property as provided\nherein shall be collected pursuant to section 5-518 of this chapter.\n