Local improvements shall be understood to mean the construction
of curbs, gutters and sidewalks, drains, culverts and sewers and the
laying out, opening, extending, widening, grading and paving of streets.
[Enacted by Local Law No. 4-1964 (November 19, 1964).]
The Council, either on its own initiative or following the receipt
of a petition of freeholders, may provide for the construction of
curbs, gutters, sidewalks, drains, culverts and sewers and the laying
out, opening, extending, widening, grading and paving of streets.
Prior to the authorization by Council of any local improvement, the
Council shall direct the City Manager to have a report prepared thereon
containing the information specified in Section 147 of this Charter.
Following the receipt of such report by the Council, if it desires
to proceed with the improvement, the Council shall, by resolution,
declare its intention to consider such local improvement. Such resolution
shall generally describe the contemplated purpose, and if the contemplated
local purpose consists of work, services or improvement, any portion
of the cost of which is to be assessed against property deemed to
be benefited thereby, the resolution shall also specify the portion
of the cost so to be assessed, the limits of the proposed area of
assessment, the method of spreading the assessment over the parcels
of property within that area and the number of installments in which
the assessments may be paid.
[Enacted by Local Law No. 4-1964 (November 19, 1964).]
The report required by Section 146 of this Article shall consist
of:
1.
A detailed estimate of the cost of the proposed work, service or
improvement, including all necessary surveys, plans, profiles and
specifications.
2.
The location and assessed valuation of any land, easements or other
property proposed to be taken.
3.
A designation of a district of assessment, including that portion
of the city which will be benefited by such improvement and which
should be assessed for the cost and expense thereof.
4.
Estimates of the amount of assessment for benefits to be assessed
against each parcel of property affected.
5.
A statement of the assessed valuation of each parcel of property
against which any benefit is to be assessed, together with the location
and block and lot number as shown on the official assessment map of
each parcel.
A copy of the report, when completed, shall be placed on file
for public inspection in the office of the City Clerk.
[Enacted by Local Law No. 4-1964 (November 19, 1964).]
Following the passage of a resolution by the Council declaring
its intention to make a local improvement, the assessment for which
is payable wholly or in part by a local assessment, the Council shall,
and, where the cost thereof is made a charge against the city at large,
the Council may, direct the City Clerk to give notice by publication
thereof twice in each of the two weeks preceding the meeting at which
Council will consider the matter and the hearing shall be held not
less than 10 days after date of first publication. Such notice shall:
(1) specify the time and place at which the Council will meet to consider
the matter; (2) contain the contemplated purpose and the work, service
or improvement proposed; (3) the estimated cost thereof; (4) the portion
of the cost to be assessed against the area of assessment and estimates
of the amount of assessment for benefits to be assessed against each
parcel of property affected; (5) the limits of the proposed area of
assessment; (6) the method of spreading the assessment over the parcels
of property within that area and the number of installments in which
the assessments may be paid. Written objections to the local improvement
may be filed with the City Clerk at any time prior to the time set
in the notice for the public hearing and shall be considered by the
Council. At the time and place mentioned in such notice the Council
shall meet and hear all persons desiring to be heard upon the matter
of the proposed local improvement or with reference to the district
of assessment of the nature of assessment or apportionment and shall,
within 60 days thereafter, take such action as it shall deem proper.
[Enacted by Local Law No. 4-1964 (November 19, 1964).]
A resolution authorizing such improvement may direct that the
cost and expense thereof shall be defrayed by local assessment or
that a portion of such cost shall be charged to the city at large
and shall designate that district of the city which shall be assessed
therefor or that the entire cost and expense thereof shall be charged
against the city at large in accordance with Sections 150 and 151.
The resolution shall also contain a description or designation of
the real property if any required for such improvement. The cost of
any work, service or improvement to be paid in whole or in part by
assessment of the property specially benefited may include the direct
cost thereof, the damages occasioned thereby, the interest on bonds
or notes issued in anticipation of the collection of assessments and
any other items of cost which may be reasonably attributed to the
proposed work, service or improvement. The amount to be assessed against
all properties specially benefited by any such proposed work, service
or improvement shall be apportioned among the individual parcels in
the manner designated by the Council in the resolution declaring its
intention. The City Clerk, at least 10 days before the meeting at
which Council shall meet to proceed with the consideration of the
improvement, shall serve a copy of the notice required to be published
by mail upon each property owner within the proposed area of assessment
by mailing the same to the address shown on the records of the tax
office of the City of New Rochelle. The City Clerk shall procure and
file in his office an affidavit of the service of the notice required
herein and such affidavit shall be prima facie evidence of the facts
stated therein in any court action or special proceeding. The failure
of the City Clerk to mail notices required or the failure of the property
owner to receive the same or any error therein shall not invalidate
the proceedings.
[Enacted by Local Law No. 4-1964 (November 19, 1964).]
The cost of the construction of sewers shall be assessed against
the abutting property and the property draining into said sewer; the
cost of the construction of curbs, gutters and sidewalks shall be
assessed against the abutting property; the cost of laying out, opening,
extending, widening, grading and paving of streets and the cost of
the construction of drains and culverts may be assessed against the
land or parcels of land benefited thereby or, if the Council shall
deem it equitable, it may by resolution provide that a portion of
the entire expense, stating the portion in such resolution, shall
be charged against the city at large and the remainder assessed as
herein provided or it may by resolution provide that the entire expense
shall be charged against the city at large.
[Enacted by Local Law No. 4-1964 (November 19, 1964); amended
by Local Law No. 1-1969 (January 14, 1969); Local Law No. 3-2000 (June 20, 2000).]
The cost of the maintenance or repair of any local improvement,
except sidewalks, shall be paid by the city. Where the cost of any
local improvement is assessable in whole or in part against the abutting
or benefited property, the Director of Public Works shall forthwith
upon the completion of the local improvement make, levy and confirm
an assessment as follows:
a.
For the construction of sewers the cost shall be assessed on the
basis of the frontage or the area and in proportion to the benefit
derived by each piece of property on the street in which the sewer
is located and each piece of property draining into said sewer.
b.
For the construction of curbs, gutters and sidewalks, the cost shall
be assessed against abutting property on the basis of its frontage.
For the construction of curbs and sidewalks, the cost shall be assessed
on the basis of 100% for the front sidewalk, 50% for an additional
sidewalk and 25% for a third sidewalk. For construction of curbs and
sidewalks at street corners, to render them accessible in accordance
with the Americans With Disabilities Act, the city will assume the
initial full cost of any such required work. The maintenance and future
replacement of such street corner curbs and sidewalks shall remain
the responsibility of the respective adjoining property owner.
c.
For the laying out, opening, extending, widening, grading and paving
of streets the cost shall be assessed against abutting property on
the basis of its frontage or area and in proportion to the benefit
derived.
d.
For the construction of drains and culverts the cost shall be assessed
against the land or parcels of land benefited thereby.
Property situated on street corners shall be exempt from sewer
assessment on one side of the same of a distance not to exceed 75
feet.
[Enacted by Local Law No. 4-1964 (November 19, 1964).]
After the Council has ordered that a local improvement be made
and appropriation is made therefor, the Director of Public Works shall
have charge of the construction of the local improvement and shall
forthwith proceed with the construction. Upon the completion of the
work the Director of Public Works shall forthwith assess upon the
property affected its share of the cost of the local improvements
as herein provided.
[Enacted by Local Law No. 4-1964 (November 19, 1964).]
Where the local improvement is undertaken through or by authority
of any agency of the state and/or federal and/or county governments,
the Council shall determine the amount, if any, to be borne by and
assessed against private property as provided in this Article. Upon
the completion of the improvement the Director of Public Works shall
forthwith make, levy and confirm the assessment upon such property
as herein specified.
[Enacted by Local Law No. 4-1964 (November 19, 1964).]
Property so situated that it cannot connect with the sewer shall
be exempt from sewer assessment. The Director of Public Works shall
keep a record of property so exempted, and no permit for sewer connections
with such property shall be issued except upon payment of the sewer
assessment.
[Enacted by Local Law No. 4-1964 (November 19, 1964).]
The Director of Public Works shall make an assessment roll designating
the property by lot, block and section number as shown upon the assessment
map, and set the amount of the direct tax assessed in the last column
of the assessment roll opposite the property to be assessed. The Director
shall thereupon advertise once in each week for two successive weeks
in the official newspaper that the assessment roll has been prepared
and that it will be in his office for inspection for 15 days from
the date of the notice and shall fix the date for the hearing of objections
thereto.
[Enacted by Local Law No. 4-1964 (November 19, 1964).]
At the time specified in the notice, the Director of Public
Works shall attend and hear any objections to the assessment. The
Director shall decide upon the objections and may thereupon correct
the assessment roll.
[Enacted by Local Law No. 4-1964 (November 19, 1964).]
The Director of Public Works shall thereupon confirm the assessment
roll, which shall be signed by him. The amount so assessed against
each parcel shall be a lien upon the premises designated upon the
assessment roll from the time of its confirmation by the Director.
[Enacted by Local Law No. 4-1964 (November 19, 1964); amended
by Local Law No. 2-1970 (June 8, 1970).]
a.
The Council by resolution may determine, in its discretion, that
such local assessments be paid in full or not to exceed 25 annual
installments at the option of the property owner assessed for improvement.
b.
The Director of Public Works shall forthwith deliver the assessment
roll to the Treasurer with a warrant for the collection of the assessment
in installments as therein contained, together with interest at 6%
per annum on each installment from date of confirmation to its due
date and thereafter in accordance with Section 134.
[Enacted by Local Law No. 4-1964 (November 19, 1964).]
Any person whose real property is assessed upon the assessment
roll with real property of another person one piece or plot may, at
any time after the filing of the assessment roll, submit his deed
to the property to the Assessor. The Assessor shall apportion the
assessment and the tax thereon and shall forthwith deliver a written
statement of its apportionment to the Treasurer. The Treasurer shall
thereupon enter the apportionment upon the assessment roll and shall
thereafter separately receive the tax so apportioned.
[Enacted by Local Law No. 4-1964 (November 19, 1964).]
The Director of Public Works shall have the power to enter into
a contract for the construction of a sewer with the owner of any private
street, provided that the owner of the street will construct the sewer
without cost to the city. Such contracts shall not be entered into
by the Director except pursuant to a resolution of the Council. No
contract shall be made until the owner of the street has granted and
conveyed to the city an easement or right of way over the street for
the purpose of entering thereon to maintain, alter, repair, reconstruct
or enlarge the sewer or to make connection therewith. Such sewer shall
be constructed under the specifications and supervision of the Department
of Public Works. All such sewers when completed and accepted by the
Department shall be the property of the city, and the abutting property
shall be exempt from assessment therefor.
