New York Payments In Installments Of Assessments Heretofore Or Hereafter Confirmed.




 
    §  11-307  Payments  in  installments  of  assessments  heretofore  or
  hereafter confirmed. Upon the application in writing of the owner  of  a
  parcel  of  real property affected by an unpaid assessment heretofore or
  hereafter confirmed the amount of which is one hundred dollars or  more,
  the commissioner of finance shall divide the assessment upon such parcel
  into  fifteen parts or, if the application so requests, into five parts,
  as nearly equal as may be, or if the amount of such assessment is  fifty
  dollars  or  more  but less than one hundred dollars the commissioner of
  finance shall divide the assessment upon such parcel into five parts  as
  nearly  equal  as may be. One part thereof in any event shall be due and
  payable, and in each case as many more of such parts shall  be  due  and
  payable  as  years  may  have  elapsed  since the entry of such original
  assessment for collection. Such parts thereof with interest at the  rate
  of  seven percent per annum on the amount of the assessment unpaid shall
  be paid at the time of application as a condition of  the  extension  of
  time  of  payment  of  the  remainder  as provided in this section. Upon
  payment of such parts and interests, the  balance  of  such  assessments
  shall  cease  to be a lien upon such real property except as hereinafter
  provided; and the remaining parts shall be paid in  annual  installments
  as herein provided. Of such installments the first, with interest at the
  rate  of  four  percent  thereon,  and on the installments thereafter to
  become due, from the date of payment of the  parts  of  such  assessment
  paid  as  hereinbefore  provided,  shall become due and payable and be a
  lien on the real property assessed, on the next ensuing  anniversary  of
  the  date  of  entry  of  the  assessment  in  the  record  of titles of
  assessments confirmed; and one,  with  interest  at  the  rate  of  four
  percent  per  annum thereon and on the installments thereafter to become
  due shall become due and payable and be a lien upon  the  real  property
  assessed,  annually  thereafter.  After  the  time  herein specified for
  annual installments and interest to become due, the amount of  the  lien
  thereon  shall bear interest at the rate of seven percent per annum. Any
  installment assessment shall not be further divided  into  installments.
  The  first  installment  of  an assessment divided within the ninety-day
  period  provided  by  section  11-306  of  this  chapter  during   which
  assessment  may  be  paid  without  interest  shall  not  be  subject to
  interest, but the second installment with interest at the rate  of  four
  percent  per  annum from the original date of entry shall become due and
  payable and be a lien upon the real property on the anniversary date  of
  entry  of  the  assessment  and the remaining installments with interest
  shall become due and payable and be a  lien  on  the  real  property  as
  hereinbefore  provided.  The  installments  not due with interest at the
  rate of four percent per annum to the date of payment may be paid at any
  time. The provisions of this chapter with reference to the sale  of  tax
  liens  shall  apply  to the several unpaid installments and the interest
  thereon in the same manner as  if  each  installment  and  the  interest
  thereon had been imposed as an assessment payable in one payment, at the
  time  such installment became a lien. In the event of the acquisition by
  condemnation by the city for public purposes  any  property  upon  which
  there are installments not due, such installments shall become due as of
  the  date  of  the  entry of the final order of the supreme court or the
  confirmation of the report of  the  commissioners  in  the  condemnation
  proceedings,  and shall be set off against an award that may be made for
  the property acquired.
    When an award for damage shall accrue to the same person who is or was
  at the time the assessment was confirmed liable for the assessments  for
  benefit  on  the  abutting  property  in  the same proceedings, only the
  portion of the assessment in excess of such award may be  considered  in
  levying  in installments under the provisions of this section. Except as

provided in this section, no such annual installment shall be a lien or deemed to be an encumbrance upon the title to the real property assessed until it becomes due as herein provided.