2013 New York Consolidated Laws
VIL - Village
Article 22 - (22-2200) LOCAL IMPROVEMENTS
22-2200 - Local improvements; apportionment; bonds.


NY Vill L § 22-2200 (2012) What's This?
 
    §  22-2200  Local  improvements; apportionment; bonds. l. Whenever the
  board of trustees of any village shall make local  improvements  at  the
  expense  of  the owners of the lands benefited thereby, or partly at the
  expense of such owners and partly at  the  expense  of  the  village  at
  large,  the board, before making any such local improvements, shall give
  notice to all persons interested by publishing a notice in the  official
  newspaper  that a hearing will be held, not less than ten days after the
  first publication of such notice, to consider the same, and  after  such
  hearing  the  board may make such improvements, either by contract or by
  village employees, and determine the portion of the cost to be  assessed
  upon the lands benefited thereby and the portion, if any, to be borne by
  the village at large, and also determine what lands will be benefited by
  such local improvements, and shall prepare and file in the office of the
  village clerk a map or plan of the proposed assessment district, showing
  the  lands  so  determined to be benefited, as soon as practicable after
  such hearing.
    2. When the cost of any such local improvements  has  been  determined
  the  board  shall  apportion  and  assess  the part of the expense to be
  raised by local assessments upon the lands in such assessment  district,
  according  to  frontage,  area, or otherwise, as the board may determine
  during the proceedings to be just and equitable, and file a copy thereof
  in the office of the village clerk. After making such apportionment  the
  board  shall  publish  in  the  official  paper and serve upon each land
  owner, personally or by mail, at least ten days before  the  hearing,  a
  notice  of  the filing of such apportionment and assessment map or plan,
  and that at a specified time and place a hearing will be had  to  review
  and  complete the same, and that the said apportionment and the said map
  or plan can be examined by any person interested therein at  the  office
  of the village clerk during usual business hours, prior to such hearing.
  The  board shall meet at the time and place specified in such notice and
  hear objections to such apportionment and to such assessment map. It may
  modify and correct the same and add or exclude land to or from the  area
  of local assessments, but no assessment shall be increased, and no lands
  added  thereto  without  notice  to  the  owner and an opportunity to be
  heard. The board may adjourn the  hearing  from  time  to  time  without
  further  notice  and,  as  soon  as practicable, shall complete the said
  apportionment and assessment, and the said assessment map and  file  the
  same  in  the  office  of  the village clerk, and publish notice of such
  completion and filing in the official  paper,  and  any  person  deeming
  himself  aggrieved  thereby may, within fifteen days after the filing of
  such apportionment and map apply to a court of record for  an  order  of
  certiorari   to   review   said   assessments.  The  apportionment,  the
  assessments and the map shall be deemed final and conclusive unless such
  an application to be made within such fifteen days.
    3. The expense of any such local  improvement  may  be  raised  in  an
  entire amount or in installments as the board of trustees may determine.
  If  any portion of such expenses to be borne by the village at large, or
  if the entire expense of such improvement is to be assessed against  the
  property benefited thereby, such expense may be financed pursuant to the
  local finance law.
    4.  All  local  assessments  levied  against real property as provided
  herein shall be collected pursuant to section 5-518 of this chapter.

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