[1964 Charter Laws, § 13-3; L.L. No. 4-1989, § 1]
The Common Council may, by an ordinance adopted by the affirmative
vote of a majority of its members, declare an improvement to be a
local improvement. If, however, a petition opposing the local improvement
or work is presented to the Common Council at least 24 hours before
the meeting in which the Common Council proposes to adopt such ordinance,
signed by property owners responsible for at least 50% of the proposed
assessment, then the affirmative vote of three-fourths of the Common
Council shall be necessary for the adoption of the ordinance.
[1964 Charter Laws, § 13-4; L.L. No. 4-1989, § 1]
A public hearing shall be held on all ordinances requiring any
local improvement. The City Clerk shall cause to be published in the
official paper or papers a notice of such hearing at least three days
prior thereto.
[1964 Charter Laws, § 13-5; L.L. No. 4-1989, § 1]
An ordinance requiring a local improvement shall contain:
(1)
A description of the improvement or work to be done.
(2)
The limits of the district of assessment.
(3)
A designation of the amount of the cost to be borne by the district.
(4)
A statement of the amount, if any, of the cost chargeable to the
City at large and of the fund from which it shall be paid. Such amount
may be stated as a percentage of the total cost.
(5)
A statement of the specific method to be used in distributing the
assessable portion of the cost on the property within the district
of assessment, to reflect the relative benefit to each.
(6)
For capital improvements, the number of installments in which the
assessment is payable, as well as the interest rate to be charged.
(7)
Whether the assessments shall be levied after the completion of the
improvement or work, based on actual cost, or before the completion
of the improvement or work based on an estimate of the cost.
(8)
The procedure to be used in billing the local assessments to the
owners of property within the district of assessment, whether on the
tax bill or by separate bill.
[1964 Charter Laws, § 13-6; L.L. No. 4-1989, § 1]
For capital improvements, the local improvement ordinance shall specify the maximum cost of the improvement or of the assessable portion of the improvement. For ongoing work or services, the ordinance shall specify the maximum cost of the work, or of the assessable portion of the work, for at least the first year. The maximum cost for subsequent years may be set forth in subsequent ordinances, each ordinance adopted after a public hearing as provided in Section 9.017, or by confirmation of the assessment rolls as provided in Section 9.020, or may be provided by a schedule in the local improvement ordinance.
[1964 Charter Laws, § 13-7; L.L. No. 4-1989, § 1]
The Assessor, or other City official designated in the ordinance
shall prepare and submit to the Common Council a roll of all local
assessments required to be assessed pursuant to each local improvement
ordinance. The roll shall state the amount of the assessment for each
parcel of property within the district of assessment. The Common Council
shall, after a public hearing and after making any amendments or corrections
to any of said amounts as it may deem proper, confirm said roll. After
confirmation by the Common Council, the assessments shall be billed
as directed in the local improvement ordinance.
[1964 Charter Laws, § 13-8; L.L. No. 4-1989, § 1]
All local assessments collected by the City shall be paid into
a local improvement fund, to be used exclusively in providing the
district improvement or work for which they were assessed. With respect
to assessments levied for ongoing work or services, any deficit or
surplus remaining after the completion of the work shall be carried
over in the fund into the next fiscal period, and shall be included
in the amount to be levied as assessments in that period.
[1964 Charter Laws, § 13-10; N.Y. Laws 1923, ch.
658, art. VII, § 4; L.L.
No. 4-1989, § 2]
Whenever the City Engineer shall certify to the Common Council
that more than one-third of the paved area of any street, lane, alley
or public place is in a condition requiring repairs, the Common Council
may direct the repair of the same. Such repairs shall be deemed a
repaving or resurfacing within the provisions of this division and
the provisions of this division relative to repaving and resurfacing
shall be applicable to such repairs. This section does not require
ordinary repairs to a street, lane, alley or public place to be paid
only from the repair fund.
