[HISTORY: Adopted by the Board of Trustees of the Village of Kiryas Joel as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-29-1993 by L.L. No. 8-1993; amended in its entirety 4-28-1995 by L.L. No. 4-1995]
The Board of Trustees hereby finds and determines that the provision of certain municipal services benefit persons and properties in the village, including properties not subject to payment of real property taxes. Accordingly, the Board determines that the provision of such services may be financed in whole or in part by the assessment, on the ad valorem basis, of a charge against properties in the village. Such assessment may be levied on benefited property where this Board finds that the provision of a particular municipal service is a local improvement which enhances the value of property in the village, as provided for by Village Law § 22-2200.
This Board hereby finds that the provision of fire protection services is a local improvement which enhances the value of property in the village and hereby authorizes the assessment of a charge on the ad valorem basis against properties in the village in order to fund in whole or in part the provision of fire protection services within the village, subject to compliance with the procedures set forth in Village Law § 22-2200.
This Board hereby finds that the provision of ambulance services is a local improvement which enhances the value of property in the village and hereby authorizes the assessment of a charge on the ad valorem basis against properties in the village in order to fund in whole or in part the provision of ambulance services within the village, subject to compliance with the procedures set forth in Village Law § 22-2200.
This Board hereby finds that the provision of garbage collection services is a local improvement which enhances the value of property in the village and hereby authorizes the assessment of a charge on the ad valorem basis against properties in the village in order to fund in whole or in part the provision of garbage collection services within the village, subject to compliance with the procedures set forth in Village Law § 22-2200.
This Board hereby finds that the provision of street repair and maintenance services is a local improvement which enhances the value of property in the village and hereby authorizes the assessment of a charge on the ad valorem basis against properties in the village in order to fund in whole or in part the provision of street repair and maintenance services within the village, subject to compliance with the procedures set forth in Village Law § 22-2200.
[Adopted 1-14-2003 by L.L. No. 1-2003]
A. 
The Board of Trustees hereby finds and determines that the maintenance of obstruction-free Village highways and rights-of-way is a matter of great importance to the health, safety and general welfare of the residents of the Village.
B. 
The Board of Trustees further finds and determines that, when such an obstruction exists and the property owner, upon notice as provided herein, fails to remove such obstruction in a timely and responsible manner, it is in the interests of the health, safety and general welfare of the residents of the Village for the Village to cause or contract for such obstruction to be removed and/or for such poles to be moved and reset, and that all costs associated therewith, including the costs of compliance with the provisions of this article, are to be assessed against the owner of such property and collected in accordance with the provisions of this article.
C. 
The Board of Trustees further finds and determines that wherever there shall exist an "obstruction," as that term is used and defined in New York Highway Law § 319(1), that the duties of each owner or occupant of land situate along the highway or right-or-way, along with all telephone, telegraph, electric railway, cable television, and other electrical companies, shall be consistent with the duties expressed in New York Highway Law § 319(2).
A. 
"Obstructions," within the meaning of this article, shall have the same meaning and shall include the same obstructions as specified in New York Highway Law § 319(1).
B. 
It shall be the duty of each owner or occupant of lands situate along the highway to remove all obstructions within the bounds of the highway, which have been placed there, either by themselves or by their consent. It shall be the duty of all telephone, telegraph, electric railway and other electrical companies to remove and reset telephone, telegraph, trolley and other poles and the wires connected therewith, when the same constitute obstructions to the use of the highway by the traveling public. If temporary obstructions such as trees, lumber, wood, logs, machinery, vehicles and similar obstructions are not removed within 48 hours after the service of notice, personally or by mail as provided herein, upon such owner or occupant, requesting the same to be done, the Village Clerk shall remove, or cause to be removed, such obstruction. And if permanent obstructions, including, among others, telegraph, telephone, trolley, electric and other poles and the wires connected therewith, are not moved and reset within 30 days, the Village Clerk shall move and reset, or cause to have moved and reset, such poles and wires. The expenses thereby incurred, including the costs of compliance with the provisions of this article, shall be paid for in the first instance out of moneys levied and collected and available therefor, and the amount thereof shall be charged against such owner, occupant or company, and levied and collected, as herein provided.
A. 
In assessing the costs of obstruction removal pursuant to § 6-7, the Village Clerk, as provided for in New York Village Law § 22-2200, shall publish in the official newspaper and serve upon each land owner, personally or by mail, at least 10 days before the hearing, a notice of the assessment, and that at a specified time and place a hearing will be had to review and complete same, and that said assessment can be examined by any person interested therein at the office of the Village Clerk during usual business hours, prior to such hearing. At the time and place so specified, the Board of Trustees shall hear the parties interested, and shall thereupon complete the assessment, stating therein the name of each owner, occupant or company, and the amount assessed against him or it. Such Board of Trustees shall certify such assessment and shall cause the amount stated therein to be levied against such owner, occupant or company, and any uncollected tax shall be a lien upon the land affected. The amount so levied shall be collected as provided herein, and shall be applied in reimbursing the fund from which such cost was defrayed.
B. 
The Village may make assessment pursuant to this article for any obstruction heretofore removed, but not assessed, provided the notice requirements of § 6-7 of this article have been substantially complied with by the village.
Any owner, occupant or company deeming himself aggrieved as a result of an assessment made pursuant to this article may, within 15 days of the certification of such assessment by the Board of Trustees, apply to a court of record for an order of certiorari to review said assessment. The assessment shall be deemed final and conclusive unless such an application be made within such 15 days.
All assessment levied pursuant to this article shall be collected as provided in New York Village Law § 5-518.
The assessment of costs for the removal of obstruction from Village highways and rights-of-way, subject to compliance with the provisions of this article, is hereby authorized pursuant to New York Municipal Home Rule Law § 10(1)(ii) (a) (6) and (11), and New York Village Law § 4-412.