Whenever the Common Council shall determine that the expense
of an improvement shall be defrayed by an assessment upon the real
estate which it deems benefited thereby, it shall declare the same
in the ordinance directing such improvement specifying the portion
of the city which it deems will be benefited thereby, and the same
shall thereupon be deemed and treated as a local improvement. Except
as herein otherwise provided the Common Council shall not pass or
adopt any resolution or ordinance for a local improvement, until there
shall be filed with the City Clerk a petition or petitions to the
Common Council for such improvement, signed by persons owning at least
1/3 of the street frontage on the street or streets wherein such assessment
is to be laid, of the lands to be assessed for the improvement. In
the case of the construction of sewer and water pipes, such assessment
shall be based on the total cost of installing sewer and water pipes
sufficient to serve the real property benefited thereby. In any case
where the Common Council shall determine and in the ordinance so declare
that the construction cost of a local improvement for sanitary sewer
and water pipe is in excess of what is determined and declared by
the Common Council to be normal construction costs therefor, whether
due to the necessity of oversize sewer or oversize water pipe, or
whether due to rock excavation and soil conditions or otherwise, no
further petition by property owners shall be necessary, and the Common
Council by a two-thirds vote of the entire Council shall declare and
determine that the additional cost of installation of the sanitary
sewer or water pipe shall be borne entirely by the city at large.
In the case of the construction of a sidewalk, stone curb and gutter
between two given points on the same side of a street, any owner of
lands between said points who shall have voluntarily built a proper
sidewalk, stone curb or gutter on said line in front of his said lands,
before the filing of the petition therefor, may sign such petition
with the like effect as if such walk or such curb and gutter had not
been built; and in such case the ordinance, if passed, shall ordain
the making of such sidewalk, curb or gutter for the whole distance
between said points; and all owners whose walk or curb and gutter
shall have been previously built as aforesaid shall be chargeable
with an appropriate part of the cost of the new walk or curb and gutter. [§ 220, L. 1911, c. 870; amended by L.L. No. 6-1959; L.L.
No. 5-1960; L.L. No. 4-1974]
Whenever the Common Council shall determine that the expense
of any local improvement relative to the acquisition, construction,
operation or maintenance of a public parking lot or lots shall be
defrayed by an assessment upon the real estate which it deems benefited
thereby, it shall declare the same in an ordinance directing such
local improvement specifying the portion of the city which it deems
will be benefited thereby, and the same shall thereupon be deemed
and treated as a local improvement.
Except as herein otherwise specified, the Common Council shall
not pass or adopt any ordinance for such local improvement unless
there be filed with the City Clerk a petition or petitions to the
Common Council for such local improvement, signed by persons owning
at least 50% of the assessed valuation of all real estate which is
to be assessed for the improvement.
No petition shall be necessary in any case where the Common
Council, by a two-thirds vote of the whole number in office, determines,
and in the ordinance therefor declares, that the acquisition, construction,
operation or maintenance thereof is necessary for the relief of traffic
congestion or is otherwise deemed necessary for the public welfare.
No ordinance for such improvement shall take effect, nor shall
any proceedings relative to such improvement ordered thereby be had
or taken under it until opportunity has been given, as hereinafter
provided, for all parties interested in said ordinance to be heard
before the Common Council upon the question of the adoption of said
ordinance.
The Common Council shall publish the proposed ordinance at least
once in the official newspaper of the City of Lockport, New York,
that the question of the adoption or rejection of such ordinance will
be considered by the Common Council at a meeting thereof. The date,
time and place of the hearing shall be specified and the date specified
shall be not less than 30 days after such publication. All persons
interested will at that time be heard as to the adoption or rejection
of said ordinance. Such publication shall be sufficient notice to
all owners and persons interested of the facts therein stated. In
its discretion the Common Council may also send a notice of such hearing,
by regular mail, to all owners of the real estate described in said
ordinance, at the address last shown on the city tax roll. At the
time and place stated in said notice, the Common Council shall consider
such ordinance, and hear or give all persons interested an opportunity
to be heard on the subject, and may then adopt or reject said ordinance.
In case action thereon is postponed the Common Council shall fix a
date for another hearing, and shall publish such notice thereof as
it may deem necessary, and opportunity to be heard shall again be
given.
In said ordinance, the Council shall determine and declare the
appropriate part of the cost, whether all or any part of such improvement,
which shall be defrayed by an assessment upon the real estate deemed
benefited thereby. The assessed value of all real estate deemed benefited
as shown on the city tax roll will be the assessment base for the
special assessment. The costs to be included in the assessment shall
be related to the acquisition, construction, operation or maintenance
costs of all public parking lots, located adjacent to the real estate
deemed benefited, whether now existing or later acquired. The special
assessment will be equitably assessed, based upon the ratio that the
assessed valuation bears to the total costs of operation and maintenance.
Credit will be allowed by the Common Council to those owners of real
estate deemed benefited who provide on their property free parking
spaces for the public, providing these parking spaces are equal to
and are available to the public, on the same basis as public parking
lot spaces.
The assessment is to be based on a calendar year, and is subject
to adjustment each year. Unless otherwise specified herein, a levy
shall be assessed and apportioned upon the real estate deemed benefited
thereby, in the same manner as provided in the City Charter for other
types of local improvements. It may be collected the same as city
taxes are collected, and at the same time. The assessment shall constitute
a lien upon and against the lands therein described and against the
owner thereof. [Added by L.L. No. 3-1970]
The decision of the Common Council as to whether any petition
or petitions for a local improvement is or are not signed by persons
owning at least 1/3 of the frontage of the lands to be assessed for
such improvement shall be final and conclusive, and not subject to
question or appeal, but it shall not base its actions upon signatures
on more than one petition if such petition asks for different improvements.
Said decisions shall be by resolution whereon the vote shall be taken
by yeas and nays, and entered in the minutes, and it shall require
a concurring vote of a majority of all the members of the Common Council
in office to make such decision, or to pass any ordinance for a local
improvement, except as herein otherwise provided. [§ 221,
L. 1911, c. 870; amended by L. 1920, c. 505]
No petition shall be necessary for the construction of a common
or public sewer or drain, or any outlet to an existing common or public
sewer or drain, in any case where the Common Council shall determine
and in the ordinance therefor declare that the construction thereof
is necessary for the public health and welfare or otherwise deemed
necessary.
No petition shall be necessary for the construction of a common
or public water line, or any connection to an existing common or public
water line, in any case where the Common Council shall determine and
in the ordinance thereof declare that the construction thereof is
necessary for public health and welfare or otherwise deemed necessary.
The expense of any such improvement referred to herein shall
be defrayed by an assessment upon the real estate which it deems benefited
thereby as provided in § C-220 of this Charter, except as
follows: if, in the ordinance declaring that the construction thereof
is necessary for the public health and welfare or otherwise deemed
necessary, the Common Council by a majority vote of the whole number
thereof shall declare and determine that the cost of installation
thereof shall be borne entirely by the city at large; it may also
declare and determine that any person, firm, partnership, corporation
or other entity thereafter seeking to tap into such local improvement
shall be required to pay a tap-in fee which is to be determined in
the same manner as an assessment against said property involved would
be determined under § C-220 of this Charter. [§ 222,
L. 1911, c. 870; amended by L.L. No. 1-1968]
No petition shall be necessary for the paving, repaving, macadamizing,
graveling, curbing or otherwise improving of any of the following
streets, which are hereby declared and determined to be a public necessity
as main thoroughfares leading into the city as follows:
1. Gooding and West Jackson Streets from Grand Street to the intersection
of the Warren Corners Plank Road.
2. South Transit Street from Lincoln Avenue to West Avenue.
3. East Avenue from the old city line to the new city line.
4. West Avenue from the old city line to the new city line.
5. Akron Street from High Street to the new city line.
6. Lake Avenue from the present city line to the Lake Avenue canal bridge
to Market Street to Union Street.
7. Locust Street from Washburn Street to the city line.
8. Niagara Street from New York Central and Hudson River Railroad to
the city line, or South Niagara Street to city line.
9. State Road from South Transit Street to the city line.
10. East High Street from Akron Street easterly to the city line.
11. Summit Street from South Transit Street (Rte. 78) west to State Road.
The Common Council by a two-thirds vote of its elective members
shall declare and determine that the total cost of improvements on
main thoroughfares hereinbefore specified shall be borne as follows:
1/2 by the city at large and the other 1/2 to be assessed on the abutting
properties, in like manner and with the same effect as herein provided
for local improvements. The cost of paving, repaving or macadamizing
that portion of such streets or avenues between the tracks, the rails
of the tracks, and two feet in width outside of the tracks of any
street surface railroad in any of such streets or avenues shall be
paid by the corporation owning or operating such railroad. [§ 223,
L. 1911, c. 870; amended by L.L. No. 5-1924; L. 1943, c. 710; L.L.
No. 3-1985; L.L. No. 1-1990]
|
No petition shall be necessary for the paving, repaving, macadamizing,
graveling, curbing, guttering or otherwise improving of Glenwood Avenue
from Gooding Street to the present main entrance to Glenwood Cemetery,
which the said Glenwood Avenue as above described being hereby declared
and determined to be a public necessity.
The Common Council by a two-thirds vote of its elective members
shall declare and determine that the total cost of improving that
portion of Glenwood Avenue as above described shall be borne entirely
by the city at large. [Added by L.L. No. 2-1928; amended by
L. 1943, c. 710]
No petition shall be necessary for the paving, repaving, macadamizing,
graveling, curbing, guttering or otherwise improving of Ohio Street
from State Road to Park Avenue which the said Ohio Street, as above
described, being hereby declared and determined to be a public necessity.
The Common Council by two-thirds vote of its elective members
shall declare and determine that the cost to be paid by the city of
improving that portion of Ohio Street as above described shall be
borne entirely by the city at large. [Added by L.L. No. 1-1942;
amended by L. 1943, c. 710]
No petition shall be necessary for the paving, repaving, macadamizing,
graveling, curbing, guttering or otherwise improving of Main Street
from Elm Street to the Big Bridge and West Main Street from the Big
Bridge to Transit Street, which portions of said streets, as above
described, are hereby declared and determined to be a public necessity.
The Common Council, by two-thirds vote of its elective members,
shall declare and determine that the total cost of improvements on
those portions of Main Street and West Main Street above described
shall be paid by the city entirely from the General Fund. [Added
by L.L. No. 1-1950]
No petition shall be necessary for the paving, repaving, macadamizing,
graveling, curbing, guttering or otherwise improving of Davison Road
from Lincoln Avenue to East Avenue, which portion of said street as
above described is hereby declared and determined to be a public necessity.
The Common Council, by two-thirds vote of its elective members,
shall declare and determine that the total cost of improvements on
that portion of Davison Road above described shall be paid by the
city entirely from the General Fund. [Added by L.L. No. 1-1978]
No petition shall be necessary for the paving, repaving, macadamizing,
graveling, curbing, guttering or otherwise improving of Market Street
from Vine Street east to the city line, which portion of said street
as above described is hereby declared and determined to be a public
necessity.
The Common Council, by two-thirds vote of its elective members,
shall declare and determine that the total cost of improvements on
that portion of Market Street as above described shall be paid by
the city entirely from the General Fund. [Added by L.L. No.
1-1992]
The Common Council shall have the power to require sidewalks
to be constructed, made, paved, flagged, curbed, guttered, relaid,
mended or repaired by the owners of the land adjoining such sidewalk
or proposed sidewalk, and also to require any curb or gutter to be
constructed, repaired, relaid, or reset by the owner of the premises
contiguous to such curb or gutter, and to require any such improvement,
act or thing to be done in such manner, and at such time, and of such
material as it may prescribe and direct; and declare and determine
that the total cost of said improvement, repair or betterment shall
be assessed in like manner and with the same effect as herein provided
for local improvements. [§ 224, L. 1911, c. 870]
Whenever the Common Council shall by resolution or ordinance
declare its intention of paving, repairing or macadamizing any street
or part of a street in pursuance of the provisions of this act, it
shall cause a notice to be served upon the owners of the property
fronting on such street by including in such resolution or ordinance
a notice requiring the owner of each lot on such street so to be paved,
repaired or macadamized, within 45 days from the day of the first
publication of such notice, provided such official notice has not
previously been given, to cause connections with the sewer, gas and
water pipes in front of each lot, and at such distance apart and with
such material as the Common Council may deem necessary to be made
and extended to the curbline, when such connections have not been
made. Such connections shall be made under the supervision of the
City Engineer, and subject to his approval. Should any such owner
or owners neglect to cause such connections to be made within the
said 45 days then the Common Council shall cause such connections
to be made, and the cost and expenses thereof shall be assessed to
the owner of such lot as a part of his assessment for paving, repaving
or macadamizing such street and in the same roll, and be subject to
the same opportunity to be heard and reviewed. Whenever any gas company
shall supply the property on the street with gas through such connection,
the then owner of such property shall have a claim against the gas
company for the cost of the gas connections made at the time of such
pavement, if the law of the state at that time requires the gas company
to make such connections at its expense. [§ 225, L.
1911, c. 870]
No ordinance for a local improvement shall take effect, nor shall any proceedings relative to any local improvement ordered thereby be had or taken under it until opportunity has been given as hereinafter provided, for all parties interested to be heard before the Common Council upon the question of the adoption of said ordinance. The Common Council shall publish the proposed ordinance as prescribed in §
C-68 of this act, together with a notice to all owners or occupants of or other persons interested in any of the real estate in said ordinance described, that the question of the adoption or rejection of such ordinance will be considered by the Common Council at a meeting thereof, the date of which shall be specified, and be not less than three days after such publication, and that all persons interested will at that time be heard as to the adoption or rejection of said ordinance. Such publication shall be sufficient notice to all owners, occupants, and persons interested of the facts therein stated. At the time stated in said notice, the Common Council shall consider such ordinance and hear or give all persons interested an opportunity to be heard on the subject, and may then adopt or reject said ordinance; in case action thereon is postponed the like notice and opportunity to be heard shall again be given. But one postponement thereof shall be made.
[§ 226, L. 1911, c. 870]
Any work ordered under this title by the Common Council, the immediate performance of which is not necessary, as specified in §
C-176 and except in cases specified in §
C-236 of this act, shall be let to the lowest bidder who shall offer good security for the performance of his contract, and the said Common Council shall, by general rules and regulations, as soon after its organization as may be, and before any work is ordered by it, establish general rules and regulations for fixing the manner of giving notice and receiving proposals for said work, the notice to be given for, and the time and manner of opening the same, and the security to be given by the contractor.
[§ 227, L. 1911, c. 870]
Whenever any contract shall be let for any public or local improvement,
the contractor shall execute to the City of Lockport a surety bond,
in a sum to be fixed by the Common Council, not less than the amount
of the contract. No contract shall be executed until a surety bond
duly executed and approved by the Mayor is deposited with the City
Clerk, to be safely kept in his office for the benefit of the parties
secured thereby. Such surety bond shall be conditioned, among other
things, for and bind the contractor to a faithful performance of his
contract in accordance with the terms thereof, and to indemnify the
city from all damages, costs and expenses to it arising in consequence
of any negligence or default on his part, and to pay or cause to be
paid the wages or compensation of all laborers who shall be employed
in work on or about such improvement, whether employed by him or any
subcontractor or employee and for all material furnished in or about
such improvement whether to him or any subcontractor. Actions or proceedings
on such surety bond by the laborers or material men claiming to be
secured thereby shall be brought in their name or names, and such
actions may be brought by each or any number united of such laborers
and material men, or one action for all, but the city shall not in
any manner be liable or responsible by reason of such surety bond
or for any costs or expenses of any such action or proceeding thereon,
by any such laborers or material men. No action shall be commenced
on such surety bond by such laborers or material men after one year
from the time when the cause of action accrued. All past acts of the
Common Council of the City of Lockport, in the matter of exacting
bonds from contractors, and the bonds thus exacted, so far as they
seek to protect the city, are hereby ratified and confirmed. [§ 228, L. 1911, c. 870; amended by L. 1922, c. 471]
At the time of adopting the ordinance for a local improvement,
or at any time thereafter, the Common Council shall give notice, or
order and direct the same to be given, that proposals for the doing
and completion of said work will be received. After the time in said
notice specified for the reception of proposals shall have expired,
the Common Council shall estimate as nearly as may be the expense
of such improvement, and enter the same in its minutes.
The City Engineer shall make an estimate of the work done and
materials delivered to his satisfaction, from time to time during
the progress of the work in accordance with the specifications and
terms of the contract entered into by the City of Lockport with the
contractor, and certify in writing the amount of his estimate to the
Common Council. The city shall pay not to exceed 90% of the amount
so certified, to said contractor in cash. But no such estimate or
payment shall be deemed as final acceptance of the work.
Within 30 days after the completion of the work, the City Engineer
shall make a final estimate of the work done and certify in writing
the amount due the contractor, and the Common Council may pay the
amount so certified in cash less any amount which may be retained
not exceeding 5% of the total cost of construction for a period not
exceeding one year from the time of completion of the work as a guaranty
against imperfect work in accordance with the terms of the contract.
The Common Council shall compute the total expense of such improvement including the interest on bond anticipation notes issued during the construction of any improvement and other expenses hereinafter set forth and enter the same in its minutes, and thereupon the same shall be equally assessed upon the real estate in said city which the Common Council deems benefited by the said improvement, according to the benefits that may result therefrom, to be estimated, apportioned, assessed and determined by the Assessor of said city, who shall not be personally interested in the improvement ordered, and who shall be specified in the ordinance therefor; in case the Assessor of said city shall be personally interested in said improvement, then by such other person not interested therein as said Common Council may appoint as a Special Assessor for that purpose; and in so doing the Assessor shall assess the real estate to and against the owners, or occupants thereof; but if a parcel of land be unoccupied, and the name of the owner is unknown, such parcel may be assessed in the name of "unknown owner." But in all cases where the local improvement is for paving, repaving, macadamizing, curbing or guttering a street or streets, the Common Council shall further estimate as nearly as may be the portion of the entire estimated expense to be assessed against the city at large which shall be 1/3 of the total expense, except that when a street or alley has been previously improved and 2/3 of the cost thereof has been assessed upon the real estate deemed benefited by said improvement, the portion of the entire estimated expense to be assessed against the city at large shall be 2/3 of the total expense. This section shall not apply or be effective as to those main thoroughfares specified in §§
C-223,
C-223a,
C-223b and
C-223c, as amended.
The expense so estimated shall be entered in the minutes and may be paid from the General Fund. The balance of the entire estimated expense of such improvement shall be equally assessed upon the real estate which the Common Council shall have declared benefited thereby in all respects as in this section above provided, and in all such cases, the determination of the Common Council that the expense of the improvement shall be defrayed by an assessment upon the real estate which it deems benefited thereby, as required by §
C-220 hereof, shall be held to refer and relate to that portion of the expense not charged against the city at large, and the property upon which such expense is to be assessed shall be specified in the ordinance for such improvement and shall be the portion of the city deemed benefited thereby, within the meaning of said section.
[§ 229,
L. 1911, c. 870; amended by L. 1922, c. 445; L. 1943, c. 710; L.L.
No. 2-1950]
Upon the completion of said assessment, the Assessor making
the same shall cause to be published daily for three consecutive days,
in the official paper of said city, a notice subscribed by him as
such Assessor, stating in substance that such assessment, naming it,
has been completed, and that the roll thereof will remain in the hands
of the City Clerk, at his office, for inspection by all persons interested,
for five business days next following the day of the first publication
of such notice. Upon the day of the first publication of such notice
said Assessor shall deposit in the post office in said city, with
the postage paid thereon, a printed copy of such notice directed to
each of the persons whose names shall be entered upon said roll, at
Lockport; and in case of any registered owner or agent of any unoccupied
lot, as hereinafter provided, a copy of such notice shall be in like
manner served on such registered owner or agent. At the expiration
of said five days the Assessor shall report said assessment to the
Common Council, and before any further action is had on the said improvement,
except as herein otherwise provided, the assessment shall be approved
by the Common Council; or, if disapproved, a reassessment shall be
ordered, and the same proceedings had thereon as in the first assessment.
When any such assessment shall be reported by any Assessor to the
Common Council, the Clerk shall enter the fact in the minutes of its
proceedings, specifying the assessment, and stating in substance that
at a designated meeting of the Common Council, to be held not less
than three days after the publication of such notice, the Common Council
will consider and act upon such assessment; and that any and all persons
interested therein will then be heard by the Common Council as to
its approval of the same; and the publication of such entry in the
official paper in and as a part of the proceedings of the Common Council
shall be sufficient notice of the facts therein stated to all parties
assessed or interested. At least one week shall intervene between
the time of the reporting of any such assessment to the Common Council
and any action thereon by it. Any person interested may file with
the City Clerk, before the Common Council shall act upon such assessment,
written allegations in favor of the approval or disapproval thereof;
and any person so desiring shall be heard by the Common Council as
to the approval or disapproval thereof at the meeting wherein the
Common Council shall consider and act upon the same. The Common Council
may postpone action thereon, but not more than once, and for a period
of not less than one week; and in case a like notice and hearing,
or opportunity to be heard, must be given to all interested persons. [§ 230, L. 1911, c. 870]
Except as herein otherwise prescribed when a local assessment
shall be confirmed by the Common Council, it shall become and thenceforth
be a lien upon and against the lands therein described, and against
the several owners and occupants of the different parcels thereof. [§ 231, L. 1911, c. 870]
The expense of postage and publication of notices, engineering,
surveying, plans, estimates, superintendence and any other expense
specially arising to the city from a local improvement, except the
salary of the City Engineer, so far as the same can be ascertained
and estimated, shall be included in the expense of making the improvement
and in the assessment thereof. [§ 232, L. 1911, c.
870]
In a case when an ordinance for a local improvement shall have
been adopted, and the Assessor named therein shall be found or become
incompetent, or unable, or shall decline to make the assessment thereby
ordered, the Common Council may by resolution, reciting the fact,
and referring plainly to the ordinance affected, designate some other
proper Assessor or person to make such assessment, and the appointee
shall proceed therewith, with like effect as if he had been specified
in such ordinance when it was adopted. [§ 233, L.
1911, c. 870]
The Common Council may, at the time of the adoption of the ordinance
for a local improvement, or at any time thereafter up to and at the
time of the confirmation of the assessment thereof, determined by
resolution in what number of equal annual payments such assessment
may be paid by the person or corporation to whom the same shall be
assessed, together with the rate of interest, not exceeding the legal
rate, to be paid thereupon. The first installment of said assessment
shall become due and payable upon the confirmation of the assessment
and the remaining amount thereof in equal annual installments, beginning
one year after the confirmation of said assessment, with interest
on the amount thereof from time to time remaining unpaid as aforesaid.
In such case said assessment shall become due and be paid at the times
and in the manner so specified, and upon the confirmation of said
assessment by said Common Council the sums therein assessed upon the
several parcels of land therein specified, together with the interest
thereon from time to time accruing, shall become and be a lien and
charge upon said parcels of land respectively, and in all future proceedings
for the collection thereof, each installment shall be regarded as
a separate tax; provided, however, that any person or corporation
so assessed at any time after the assessment is confirmed and before
the issuing of bonds therefor may have any separate lot or parcel
of land released and discharged from the lien of such assessment by
paying the whole amount of such assessment against such separate lot
or parcel, together with such interest and fees as shall have accrued
thereon up to the time of such payment, and have any such separate
lot or parcel so released and discharged at any time after the issuing
of such bonds by paying the amount thereof then unpaid, together with
any fees chargeable against the same, and interest accrued and to
accrue thereon, sufficient to pay and cancel its just proportion of
the interest then unpaid, and to accrue on such bonds. [§ 234,
L. 1911, c. 870; amended by L. 1922, c. 445]
In case any assessment shall be made payable in installments,
as provided in the preceding section, such installments when collected
shall be used for the payment of the cost of such improvement and
for the payment of the portion of obligations, if any, which shall
have been applied to the financing of the share of the cost of such
improvement which was locally assessed. If the collection of such
installments shall be insufficient to pay any part of the portion
of such obligations when due, such deficiency may be met from the
General Fund. [§ 235, L. 1911, c. 870; amended by
L. 1918, c. 452; L. 1922, c. 445; 1943, c. 710]
In cases when a local improvement in the opinion of the Common Council can be made by the persons assessed therefor, without detriment to the interests of the city, the Common Council, instead of letting the same by contract, may direct that the same be done by the parties interested, and in such case, the Clerk, immediately after the assessment therefor is confirmed, shall notify the several parties interested, of the part or portion of said work they are required to do or make, and with the share of the expenses of the assessment with which they may severally be chargeable, and which shall be pro rata proportion of the whole work and of the expenses of assessing the same, for which they shall be assessed; and that they shall have 30 days after the service of said notice to make their respective parts or portions of said improvement, and to pay their shares of the expenses of the assessment of the same; said notice shall be served personally on the owner or resident occupant or registered agent of nonresident owner of the premises so assessed, or by leaving the same at the respective residences of such owner, occupant, or agent, or in case that neither thereof can, after due diligence, be found in the city, then by posting said notice in some conspicuous place on the assessed premises. When said improvements or any portion of the same are made by the person or persons interested, such persons shall not be chargeable with any part of the expense other than the expenses of said assessment, as specified in §
C-232. Immediately on the expiration of the said 30 days, the City Clerk shall make a duplicate of the said assessment, and attach thereto his certificate of the confirmation of the same by the Common Council, and that the notices herein required have been duly served as herein provided, and that more than 30 days have elapsed since the services of the last notice, with a statement of those who have not done said work or their respective shares of it, and paid their respective portions of said assessment, and deliver the same to the Treasurer, who shall proceed against those who have not done said work and paid their portion of the expenses of said assessment, and against the assessed premises in the same manner as in other cases of local assessments. The said certificate of the City Clerk shall be presumptive evidence in the courts of this state, and in legal proceedings of the facts therein certified to. From the time of the delivery of said certificate and duplicate assessment to the Treasurer, the assessment shall be a lien on the several pieces or parcels of land therein described as to which the required work shall not have been done, and the expenses of the assessment paid, to the amount assessed on each respectively. The Common Council shall cause such portion of said improvement as shall not have been made by the parties interested, within said 30 days, to be made by the Superintendent of Streets, and the expense thereof to be paid from said Local Assessment Fund.
[§ 236, L. 1911, c. 870]
In all cases of assessments for local improvements not directed
to be made by the parties interested, as above provided, immediately
on the confirmation of the assessment by the Common Council, the City
Clerk shall make a duplicate of the said assessment and attach thereto
his certificate of confirmation thereof by the Common Council, and
deliver the same to the City Treasurer, who shall immediately give
notice by advertisement for five successive business days in the official
paper, and such other daily newspaper or newspapers as the Common
Council shall determine, of the receipt of the roll of such assessment,
and requiring the persons assessed therein to pay the sums due thereon
from them respectively, to him at his office within 90 days from the
date of the first publication of such notice, and that he will receive
said amounts as follows, namely, for the 30 days next after the first
publication of said notice, without fees; for the next 30 days thereafter,
2% will be added and collected; for the next 30 days thereafter, 5%
will be added and collected; and that all such taxes remaining unpaid
after 90 days will bear, in addition to said five-per-centum fees,
interest at the rate of 5% per annum from the date of the confirmation
of such assessment until the same are paid, or reassessed upon the
annual city tax roll; and also immediately and on the day of the first
publication of said notice as aforesaid, give written or printed notice
to each person assessed on said roll, if a resident of said city,
or if a nonresident, to him or to his registered agent, specifying
the amount of the assessment or installment thereof due from him,
and requiring payment thereof in the same time and on the same terms
as to fees as above specified. Such notices shall all bear even date,
and shall be served in like manner as notices in the matter of state
and county taxes, as hereinafter specified, and no other notice or
personal call or demand shall be necessary in the premises, but no
notice need be served on any unknown owner. The foregoing fees and
interest are hereby established as and by way of penalty for the nonpayment
of such local taxes within the first 30 days after notice as above
prescribed, and it shall be the duty of the City Treasurer to enforce
and collect the same for the use and benefit of the city and an itemized
report of said penalties assessed by this section shall be made quarterly
in each fiscal year to the Common Council, and the sums so collected
thereunder shall be placed in the general fund; but in case of assessments
made payable in installments the like notice shall be given on account
of each installment immediately upon the same becoming due, and the
provisions as to fees and interest above shall apply to each installment
in case of nonpayment thereof within the first 30 days next after
such notice is given. Such fees and interest shall be computed on
the sum or amount of the principal and interest of the installment
at the time the same becomes due, and included in said report to the
Common Council, as heretofore specified and placed in the general
fund. [§ 237, L. 1911, c. 870; amended 2-17-1982 by
L.L. No. 1-1982]
At the expiration of 60 days from the first publication of the
Treasurer's notice as aforesaid, if any of said taxes shall remain
unpaid, the Treasurer shall notify same Assessor who made the assessment
thereof, in case said Assessor be then in office and competent to
act in the premises; and if such Assessor be not in office, or for
any reason be incompetent or unable to act, the Treasurer shall notify
the Common Council of such unpaid taxes, and it shall thereupon by
resolution designate some proper and competent Assessor or other person
in place of said original Assessor, and it shall be the duty of said
original Assessor, or the Assessor or person so designated, with the
advice and assistance of the Corporation Counsel, to thoroughly review
and consider such taxes and assessments returned as unpaid, and in
case he shall ascertain and determine by an instrument in writing,
signed by him and filed with the City Clerk, that any of said returned
taxes and assessments were illegally assessed, in any particular whatsoever,
he shall forthwith reassess the several items of said taxes and assessments
so illegally assessed, to the proper persons respectively, and to
and against the proper several parcels of land originally chargeable
therewith, and report such reassessment to the Common Council, and
file the same with the City Clerk; and such notice thereof shall be
given as is required when an assessment for a local improvement is
made; and the same proceedings shall be taken to collect such taxes
and assessments so reassessed, as in cases of original assessments
for local improvements. [§ 238, L. 1911, c. 870]
After the review of such unpaid local taxes and assessments
by said Assessors, and before the completion of the next following
general city tax roll, the Treasurer shall make a statement of such
items thereof as are not found to be illegally assessed as aforesaid
under his hand and file the same with the City Clerk, who shall place
and assess such unpaid items with the interest and fees thereupon,
computed as hereinbefore prescribed, in a separate column, headed
local assessments, on said general tax roll, against the respective
lots or parcels of land upon which said unpaid local taxes were originally
assessed, and with some proper note or memorandum designating the
local assessments from which said items were derived, and the same
shall be added to the annual city tax, and such other items of tax
as may be assessed on said general city tax roll on or against the
respective lots or parcels of land upon which said unpaid items were
assessed, and be placed together therewith as one sum in the last
or total column on said general city tax roll. Said City Treasurer
shall furnish a full and complete list of such unpaid local taxes
and assessments to the Assessors within 10 days after the confirmation
of the annual tax budget in each fiscal year. Thereafter the said
aggregate amount in such case shall be regarded and described in all
proceedings as a general city tax, and shall be collected in the same
manner, with same percentage, interest, power and effect as other
general city taxes. [§ 239, L. 1911, c. 870]
In all cases of the reassessment of any tax for a local improvement
upon the general city tax roll, as in the last preceding section provided,
the Treasurer shall immediately transfer from the General Fund to
the proper local improvement fund, a sum equal to the amount of the
tax so reassessed, as the same appears on the general city tax roll,
and he shall distinctly set forth all such transfers in his next following
quarterly report. [§ 240, L. 1911, c. 870]
Where lands belonging to the City of Lockport or the United
States of America lie upon the line of a proposed local improvement,
the Common Council may authorize the Mayor or City Clerk to sign the
petition therefor with the same effect as that which follows the signature
of an individual owner thereon, and may pay its just proportion of
the whole assessment from the General Fund, and raise the money necessary
to reimburse said fund, in the general tax levy next succeeding the
confirmation of such local assessment. [§ 241, L.
1911, c. 870]
No error or mistake in the name of any owner or occupant of
any lot or parcel of land assessed for a local improvement, or the
fact that the name appearing in the assessment roll for a local improvement
as the owner or occupant of any lot or parcel of land therein described
is not the name of the owner or occupant of such lot or parcel, shall
invalidate said assessment or the assessment roll for such local improvement,
but the amount appearing thereon as being assessed upon such lot or
parcel of land shall nevertheless continue and be a lien on the land
designated from the time of the confirmation of such local assessment
roll. [§ 242, L. 1911, c. 870]
The Common Council may, by a vote of 2/3 of all the Aldermen
elected, renew any warrant for a local assessment once, for a term
not exceeding 30 days. [§ 243, L. 1911, c. 870]
In case any local assessment shall prove insufficient to defray
the expenses of the improvement for which it was made, the Common
Council may direct a further assessment for the amount of the deficiency.
Such assessments shall be founded on the first roll, and shall be
made in the same manner as the original assessment. [§ 244,
L. 1911, c. 870]
The Common Council may, in its discretion, determine the necessity
of an inspection by or on behalf of the city of a work on a local
improvement, or of any work done by or on behalf of the city, or of
any work done by any person, firm or corporation in or upon any of
the streets, highways or alleys of the city, and fix the number and
compensation of the inspectors necessary therefor, whereupon the Mayor
shall appoint such inspectors, who shall hold their office at the
pleasure of the Mayor, and whose duty it shall be, under his direction,
to personally superintend the local improvements ordered or done within
the city. In case no inspector of a local improvement is appointed,
it shall be the duty of the Superintendent of Streets, under the direction
of the Mayor, to act as inspector of the work thereof, and to see
that the ordinance, plans and specifications therefor shall be fully
complied with and observed. [§ 245, L. 1911, c. 870]
An appeal may be taken within 20 days from the time of the first
publication of every ordinance directing any local improvement, to
the County Court of the County of Niagara; and in case the County
Judge of said county shall be interested in any such local improvement,
he shall certify such appeal to the Supreme Court of the judicial
district in which said city is located. An appeal may in like manner
be taken to said County Court or Supreme Court from any local assessment
and the order confirming the same, within 20 days from the confirmation
of such assessment. [§ 246, L. 1911, c. 870]
An appeal taken in pursuance of the preceding section must be
brought within the time in said section limited by the service upon
the Mayor or Clerk of the said city of a notice of appeal in writing,
stating the grounds upon which the appeal is founded, and by the appellant
giving to the city and filing with the Clerk thereof an undertaking
in a sum and with sureties approved by the County Judge of Niagara
County, conditioned that if the appeal be dismissed, or the proceedings
appealed from be affirmed, the appellant will pay to the city, for
the benefit of the parties interested, all costs and damages which
may be sustained in consequence of said appeal, not exceeding the
sum stated in such undertaking; and the Common Council of said city
shall thereupon, and within 20 days after the service of such notice
and filing of such undertaking, cause to be made and filed in the
Clerk's office of the County of Niagara, a return setting forth fully
and at large all the proceedings of said Council, or of any officer
of said city, and all petitions, papers and other documents relating
to the ordinance, assessment or order appealed from, or relating or
pertinent to any or all the questions involved in such appeal. The
return may be compelled by attachment. If the return be defective
the appellate court may direct a further or amended return as often
as it may be necessary, and may compel a compliance with its orders
by attachment; and the court shall always be deemed open for the purpose
of moving for or ordering such amended or further return. [§ 247,
L. 1911, c. 870]
After the return is made, as in the last preceding section provided,
the appeal may be brought to a hearing at any term of said County
Court, or if the same has been certified to the Supreme Court, at
a Special Term of the Supreme Court held in said County of Niagara
or in the Counties of Erie or Orleans, upon notice by either party
of not less than eight days; all proceedings upon said appeal shall
be had and conducted as nearly as may be in accordance with the provisions
of the Code of Civil Procedure and the general rules of practice,
except as herein otherwise provided; and if the appeal be dismissed
or the proceedings appealed from affirmed, the appellate court may
award to the city against the appellant as costs all disbursements
necessarily incurred by it on said appeal in addition to the taxable
costs. [§ 248, L. 1911, c. 870]
Upon the hearing of the appeal the appellate court shall hear
and determine all questions as to the legality or regularity of the
matter or proceedings appealed from, and if such matter or proceedings
appear to be not in accordance with law, said appellate court shall
give judgment setting aside, vacating and annulling the same, and
the same shall thereafter be held and deemed illegal and invalid;
but if such matter or proceedings appear to be in accordance with
law, said appellate court shall give judgment affirming the same;
provided, however, that if an assessment for a local improvement,
or any order confirming such assessment, be so vacated and set aside
on account of any irregularity in the proceedings or defect in levying
the same, it shall be lawful for the Common Council to cause a new
assessment for such improvement to be made and collected in the manner
hereinbefore in this Article provided. [§ 249, L.
1911, c. 870]