2013 New York Consolidated Laws
VIL - Village
Article 5 - (5-500 - 5-532) FINANCES
5-518 - Collection of special assessments.

 
    §  5-518 Collection of special assessments. 1. Any provision of law to
  the contrary notwithstanding, all special or  local  assessments  levied
  against real property shall be collected as in this section provided.
    2. Whenever an expenditure is made or a contract awarded for a purpose
  for  which  bonds  cannot be issued and the amount of a local or special
  assessment, inclusive of interest to maturity of  obligations,  if  any,
  issued  to  finance  such  expenditure, is finally fixed, determined and
  confirmed, such assessment may be  paid  without  penalty  at  any  time
  within  a  period  of  thirty  days,  computed  from  the  date  of such
  confirmation.
    3. If an expenditure is made or a contract awarded for a  purpose  for
  which  bonds  may be issued pursuant to the local finance law, the board
  of trustees may provide for the payment of special  assessments  by  any
  one of the following methods:
    a.  The  board  of  trustees  may  adopt  the  procedure  described in
  subdivision two of this section.
    b. The board of trustees may determine that such  assessments  may  be
  paid  in  annual  installments.  In  such  case, it may give a period of
  thirty days from date of confirmation in which assessments may  be  paid
  in full without penalty. Upon the expiration of such period, obligations
  shall  be  issued pursuant to the local finance law for the total unpaid
  assessments. The amount of the unpaid assessment against each parcel  of
  land  shall  be  divided  into  such  annual  installments  as  shall be
  necessary  to  completely  amortize  the  principal   amount   of   such
  obligations  as they shall mature. There shall be added to the amount of
  each installment a sum sufficient to meet a pro rata share of the annual
  interest payable on  such  obligations.  The  board  of  trustees  shall
  annually  levy  the  amount of the annual installment, unless same shall
  have been prepaid as provided in paragraph c of this  subdivision,  with
  interest  as  aforesaid,  on  a  special assessment roll and such amount
  shall be extended on such roll against the real property benefited.  The
  board of trustees may determine that such annual  installment  shall  be
  due  at  the same time as real property taxes, in which event the amount
  of such installment shall be extended in a separate column in the annual
  tax roll. In the latter case, the same penalties for  non-payment  shall
  attach  as in the case of non-payment of the village tax, as provided in
  the real property tax law and there shall be no  relevy  of  the  unpaid
  installment  as prescribed in subdivision five of this section, but such
  unpaid installment shall be collected as provided in said real  property
  tax law.
    c.  Whenever  an  unpaid  assessment  has  been  divided  into  annual
  installments pursuant to paragraph b of this subdivision  the  board  of
  trustees  may,  at  the  time  of  making  such division, or at any time
  thereafter, provide that all future annual installments may  be  prepaid
  together with a sum sufficient to meet all future pro rata shares of the
  annual  interest  payable  on such obligations and which would otherwise
  have been added to such future installments had same not  been  prepaid.
  All  sums received from such prepayments shall be deposited and retained
  in a separate account in a depositary designated in the manner  provided
  by  section  ten  of the general municipal law to be applied only to the
  payment of the obligations  issued  pursuant  to  paragraph  b  of  this
  subdivision. Notwithstanding the foregoing, such sums so received may be
  invested  in  the  manner  permitted  in  section  eleven of the general
  municipal law.
    4. If any assessment or annual installment thereof be not paid  within
  the  prescribed  thirty day period, penalties shall be computed from the
  expiration date of such thirty day period at the rate of one-half of one
  per centum per month or portion thereof until the assessment is paid  or

  discharged.  All  penalties  collected  shall be credited to the general
  fund.
    5. At least thirty days before the end of the fiscal year, the officer
  or  official  charged  with  the  collection  of  such  special or local
  assessments shall transmit to the board of trustees a statement  of  all
  delinquent  special  or  local  assessments, showing the amounts thereof
  with penalties computed to the first day  of  the  month  following  the
  month  in  which  the fiscal year commences, and thereafter he shall not
  collect or receive payment of any such special  assessment  in  default.
  The  board of trustees shall include the amounts shown on such statement
  in the annual tax levy and such amounts shall be extended on the  annual
  tax  roll  against  the  real properties concerned in a separate column.
  Such special assessments shall thereafter be deemed for the purposes  of
  collection  to  be  a  part of the annual village tax and the assessment
  shall be deemed to have been cancelled as of the date of the tax levy.
    6. Whenever any special assessment or  installment  thereof  shall  be
  extended  on the village tax roll, whether pursuant to subdivision three
  or subdivision five of this  section,  the  special  assessment  account
  shall  be  credited  with  the  amount  of  the  special  assessment  or
  installment,  less  penalties.  The  amounts  so   extended,   including
  penalties, when collected, shall be paid into the general fund.