[Amended 8-3-1999 by L.L. No. 1-1999]
The Trustees may extend and maintain the sewer
system. Before taking any further proceedings for the construction
of a sewer, the Board, at the expense of the Village, shall cause
a map and plan of a permanent sewer system to be made, with specifications
of dimensions, connections and outlets or sewerage disposal works.
It may also include any existing sewer in the Village. Such map and
plan shall be submitted to the County Department of Health for its
approval and, if approved, shall be filed in the office of said Department.
A copy thereof shall also be filed in the office of the Village Clerk.
The map and plan may be amended, with the approval of the County Department
of Health, and if amended shall be filed in the same offices as the
original.
The Board of Trustees shall have power to construct
or cause to be constructed main and trunk sewers and storm sewers
for the purpose of carrying off surface water or other public improvements
in and through the streets, alleys, public grounds and lanes of said
Village and through private property, acquired therefor by purchase,
gift or condemnation, of such materials and of such dimensions as
they shall determine to be necessary to carry off the drainage and
sewage thereof and to regulate and maintain the same. Such main or
trunk sewers and storm sewers and drains may be constructed in conjunction
with any adjoining Village or in conjunction with the Town of Ossining.
The whole or any part of the cost and expense of the construction,
regulation and maintenance thereof, except stormwater sewers, may
be assessed upon the real property that is or may be benefited thereby,
and in proportion to such benefits, and the Board of Trustees is hereby
empowered to ascertain, determine and declare, by resolution, local
law or otherwise, the property benefited or to be benefited by the
construction of said main or trunk sewer, and to apportion the amount
thereof, in proportion to such benefits, and to assess, after such
determination, the real property thus benefited or to be benefited
thereby, in proportion thereto; and also to ascertain and determine
if the whole cost of the same or what share of the cost shall be paid
by the Village. The Board of Trustees and the governing body of any
adjoining Village in conjunction with which any such main or trunk
sewer or storm sewer shall be constructed or of the Town of Ossining
shall agree upon the amount or proportion of the cost of the construction
of such main and trunk sewers or storm sewers, which shall be borne
and paid by the Village of Ossining and such adjoining Village or
the Town of Ossining. The Board of Trustees of the Village of Ossining
may, by agreement, permit the use of any main and trunk sewers and
sewer outlet or sewage disposal plant for the disposal of sewerage
for such adjoining Village or the Town of Ossining, upon such terms
and conditions as shall be agreed upon by said Board of Trustees and
the governing body of such adjoining Village or of the Town of Ossining.
The Board of Trustees of the Village of Ossining may contract for
the use of any main or trunk sewer or any sewer outlet, or sewage
disposal plant constructed by any adjoining Village or the Town of
Ossining, upon such terms and conditions as may be agreed upon by
their respective governing bodies.
If the Trustees shall determine that the whole
or part of the cost of said trunk or main sewer or determine that
the whole or part of the cost of drains, culverts and regulating of
watercourses and surface water, as hereinbefore provided, shall be
paid by said Village, said cost thereof shall be levied, assessed
and collected in the same manner as the annual taxes of said Village
are levied, assessed and collected.
The Board of Trustees shall have power to construct
or cause to be constructed lateral sewers in and through the streets,
alleys, and lanes of said Village or private property acquired by
purchase or by condemnation of such materials and of such dimensions
as they shall determine to be necessary, and to regulate and maintain
the same; the expense of the construction, regulation and maintenance
thereof shall be assessed upon the real property that is or may be
benefited thereby, and in proportion to such benefits, and the Trustees
are hereby empowered to ascertain, determine and declare, by resolution,
local law or otherwise, the property to be benefited by the construction
of said lateral sewer and apportion the amount thereof, in proportion
to such benefits and to assess after such determination, the real
property that is or may be benefited thereby the proportionate cost
thereof.
The Board of Trustees shall advertise for proposals
for the construction of the whole or any part of the sewer system,
either under an entire contract or in parts or sections as the Board
of Trustees may determine. Such advertisements shall be published
once in each of two successive weeks in the official newspapers. The
Board may require a bond or deposit from the person submitting a proposal,
the liability of such bond to accrue, or such deposit to be forfeited
to the Village in case such person shall refuse to enter into a contract
in accordance with his or her proposal. The Board may accept or reject
any proposal, may contract with other than the lowest bidder or may
reject all proposals and advertise again.
The Board of Trustees may employ a supervising
engineer to superintend and inspect the construction of a sewer or
work connected therewith, also such inspectors as may be necessary
and fix the compensation of such engineer and inspectors; such compensation
shall be charged as part of the expense of construction.
[Amended 6-20-1978 by L.L. No. 9-1978]
If the whole or any part of the cost and expense
of constructing a sewer is to be assessed upon the lands benefited
or to be benefited, the Trustees shall prepare and file in the office
of the Village Clerk a map and plan of the proposed area of local
assessment and such expense shall thereupon be apportioned upon the
lands within such area in proportion as nearly as may be, to the benefit
which each lot or parcel will derive therefrom and the ratio of such
benefit shall be established. After making such apportionment the
Trustees shall publish a notice in the official newspapers once in
each of two successive weeks of the filing of said map and plan and
that at a specified time and place a hearing will be had to consider
and review same. The Board shall meet at the time and place specified
and such later time or times to which it may adjourn, and hear objections
to such apportionment. It may modify and correct the same or exclude
lands from the area of such local assessment. The Trustees, upon completion
of such apportionment, shall file the same in the office of the Village
Clerk who shall endorse thereon the day, hour and minute of such filing,
and from the time of such filing, the assessment shall be a lien upon
the property assessed and shall publish once in the official papers
a notice of the filing of such completed apportionment. Such apportionment
shall be deemed final and conclusive unless an appeal is taken therefrom
within 30 days after the publication of notice of the filing thereof,
and affidavits of publication of such notice of filing shall be filed
with the Village Clerk and shall be legal evidence of such publication.
Such notice of the filing of the apportionment shall contain a statement
that the owners of the property assessed may either pay the full amount
of their assessment at once or at any time not exceeding 10 years
from the date of the publication of such notice or in 10 equal installments,
payable annually, beginning one year from the date of the publication
of such notice. Any assessments not paid within 30 days after the
publication of such notice shall bear interest and the amount of such
assessments and the interest thereon shall be a lien upon the property
assessed, enforceable in the same manner as liens for general Village
taxes. Any property owner who desires to avail himself of the privilege
of paying the assessment upon his or her property in a lump sum, but
later than 30 days after the publication of such notice, must notify
the Board, in writing, of his or her intention to do so not later
than 30 days after the publication of such notice, and, in the absence
of such notification, his or her assessment shall be payable in 10
equal annual installments bearing interest from the date of publication
of such notice as above provided. Any owner of property assessed may
at any time petition the Board of Trustees for apportionment of the
assessment upon two or more subdivisions of any parcel or lot assessed
as a unit, and it shall be the duty of the Board of Trustees, if practicable,
to make such apportionment and file a statement of the same in the
office of the Village Clerk which shall be attached to the original
apportionment, and the original apportionment shall be deemed to be
amended in like manner as if it had originally been made as set forth
in such amendatory statement. Any owner of property assessed may pay
his or her assessment in full or, if any installment or installments
thereof have been paid, the balance of his or her installment is not
then due, at any time by paying the same to the Treasurer together
with the interest due thereon.
[Amended 6-20-1978 by L.L. No. 9-1978]
A person aggrieved by an apportionment may,
within 30 days after the filing thereof, appeal therefrom to the County
Court. Such appeal shall be taken by a notice, stating the grounds
thereof, addressed to the Board of Trustees and filed with the Village
Clerk.
Either party may bring on the appeal upon notice
of not less than 10 nor more than 20 days. All appeals from the same
apportionment must be consolidated and heard as one appeal. The County
Court may affirm or reverse the apportionment. If it is reversed upon
the ground that it is erroneous, unequal or inequitable, the court
shall by the order of reversal appoint three disinterested freeholders
of the Village as Commissioners to make a new apportionment, and no
appeal shall be allowed from such order.
A reapportionment shall be made in the following
cases:
A.
By the Commissioners appointed by the County Court,
where the original apportionment is reversed on the ground that it
is erroneous, unequal or inequitable.
B.
By the Board of Trustees where the original apportionment
is reversed on any other ground. A reapportionment under this subsection
shall be made in like manner as the original.
The Commissioners appointed by the County Court
shall give notice of the time and place at which they will meet to
make such reapportionment, and shall serve notice thereof at least
10 days before such meeting upon each owner of land within the area
of local assessment as finally fixed by the Board of Trustees. They
shall meet at the time and place specified and make such reapportionment
in the manner herein prescribed for the Board of Trustees. They shall
file such reapportionment in the office of the Village Clerk, and
it shall be final and conclusive.
[Amended 8-3-1999 by L.L. No. 1-1999]
Each Commissioner appointed by the County Court
is entitled to an amount set forth in the Civil Practice Law and Rules
for each day necessarily spent in making such reapportionment, besides
his or her actual expenses. Such fees and expenses are a charge against
the Village and must be added to the portion of the expense of constructing
such sewer system which is to be assessed against the property specially
benefited.
A sinking fund for the payment of bonds representing
the portion of the cost and expense of the construction of sewers
to be paid for by assessments for benefit at maturity shall be created,
into which shall be paid all of the amounts received, both principal
and interest from the assessments for the improvement for which the
bonds are issued, and out of this sinking fund the principal and interest
of such bonds shall be paid so far as the sinking fund is sufficient
to meet the same.[1]
[1]
Editor's Note: Former Sec. 134, Tax for payment
of sewer bonds was repealed 12-19-1978 by L.L. No. 15-1978.
At the end of each fiscal year, the Board of
Trustees shall file with the Village Clerk a report containing a statement
of the following facts:
A.
The amount of money on hand in the sewer account at
the beginning of the preceding fiscal year, and the receipts from
all sources during the year.
B.
An itemized statement of the amount paid out during
such year and the balance on hand.
C.
The outstanding indebtedness of the Village for sewers
either bonded or otherwise, separately stated.
D.
A statement of the principal or interest which will
become due during the current fiscal year on bonds of indebtedness.
E.
The improvements and extensions made during such preceding
year and the general condition of the sewer system.
F.
Such other facts as the Board deems important for
the information of the Village, together with such recommendations
as may be proper.
