A. 
The City Council may levy and collect taxes in the form of special assessments upon property in a limited and determinable area for special benefits conferred upon such property by any municipal work, service or improvement, and may provide for the payment of all or any part of the cost of the work, service or improvement out of the proceeds of such special assessments.
B. 
Special assessments, for whatever purpose levied, may, on order of the Common Council, be made payable in whole or in installments, but assessments for permanent improvements may be made payable within 10 years in annual or more frequent installments, and assessments for current services shall be payable within the year during which the service is rendered.
C. 
Such assessment may be levied on an ad valorem or specific basis, but the amount assessed against any property for any work, improvement or action shall not exceed the value of the benefits accruing to the property therefrom, nor shall any special assessment be levied which shall cause the total amount of special assessments levied by the City and outstanding against any property at any one time, exclusive of delinquent installments and assessments for current services, to exceed 25% of the fair market value of the property after giving effect to the benefit accruing thereto from the work, improvement, service and other action for which assessed.
Prior to levying any special assessment, the Common Council shall adopt a resolution stating its municipal purpose; and in the case of a public work improvement, directing the Department of Public Works to have a report prepared thereon; and in the case of special assessment for services, directing the Mayor to have a report thereon. 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 the area and the number of installments in which the assessments may be paid. The Common Council shall cause the resolution to be published promptly.
The report of the Department of Public Works or, in the case of a special assessment for services, the report of the Mayor shall consist of a detailed estimate of the cost of the proposed work, service or improvement, including all necessary surveys, plans, profiles and specifications; estimates of the value of and proposed awards of compensation for any land or other property proposed to be taken or damaged; the assessment formula, whether ad valorem or specific; estimates of the amount of assessment for the benefits to be levied against each parcel of property affected; a statement showing the amount of any delinquent taxes or assessments outstanding against each parcel and showing the amount of special assessments levied but not yet delinquent outstanding against each parcel; and a statement by the City Chamberlain or other financial officer of the full value, as determined for the assessment of taxes for the last preceding year of each parcel of property against which any benefit is to be assessed. A copy of the report shall be placed on file available for public inspection in the office of the City Clerk.
The cost of any work, service or improvement to be paid in whole or in part by assessments on 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, a reasonable charge for the services of the administrative staff of the City, and any other item of cost which may reasonably be attributed to the proposed work, service or improvement; and the amount to be assessed against all property specially benefited by any such proposed work, service or improvement shall be apportioned among the individual parcels in proportion to their respective special benefits in the manner designated by the Common Council in the preliminary resolution. If any property deemed benefited shall by reason of any provision of law be exempt from assessment, a proportionate share of the cost shall be assessed against such property, and such assessment shall be paid by the City.
Prior to the filing of its report with the Common Council, the Department of Public Works, in the case of a public work improvement, shall give notice to all affected property owners, as shown by the local assessment roll, of its intent to consider such improvement as set forth in the declaration of intention adopted by the Common Council. Such notice shall contain the time and place at which a public hearing will be held before the Board of Public Works to consider such improvement. Said hearing shall be held not less than 15 days nor more than 30 days after the mailing (first-class mail) or delivery.
After the preliminary hearing upon any proposed public works improvement, the Board of Public Works shall send its report to the Common Council as approved, together with any additional recommendations or information it deems necessary to accomplish a fair and equitable assessment of benefits, not inconsistent with the provisions of this article.
Any report made to the Common Council by the Department of Public Works or by the Mayor as above provided shall lie over until the next regular meeting of the Common Council. Prior to taking any final action on such report, the Common Council shall cause to be published in the official newspapers of the City a notice of a public hearing to be held before the Common Council to consider such proposed municipal work, service or improvement. Thereafter, the Common Council may approve the report as submitted, or refer it back to the originator for further hearings, consideration and report. Upon such further referral, the originator shall again submit its report to the Common Council which shall proceed as in the case of an original report.
Whenever the Council determines to proceed with the work, service, improvement or action described in any report of the Department of Public Works or of the Mayor, as the case may be, it shall adopt a resolution confirming such report and directing that such work, service, improvement or action be carried out in accordance with its preliminary resolution and the report as finally approved by the Common Council. The adoption of such a resolution shall authorize any work, service, improvement or action provided for therein and shall constitute a levy of special assessments for benefits so provided. In addition, if an assessment of benefits is made against any property and an award of compensation or damages is made in favor of the same property, such resolution shall stipulate that only the difference between such assessment of benefits and the award of damages or compensation be assessed against or stated in favor of the owner of any such property. The amount of such levy shall be apportioned and assessed by the Chamberlain or other financial officer of the City of Cortland against the respective properties as authorized and shall be a lien against such property from the date of the levy and shall be collected in the same manner as other real estate assessments made for general purposes.[1]
[1]
Editor's Note: Original Div. 21, Code of Ethics, which immediately followed this section, was deleted 4-2-2002 by L.L. No. 1-2002. See Charter Art. XXIII, Code of Ethics.