[Amended 6-12-1962 by L.L. No. 11-1962; 5-25-1971 by L.L. No.
12-1971]
The words "local improvement" as used in this Article shall
be deemed to refer to any one of the following: the laying out, opening,
constructing, extending, widening, altering, straightening, altering
of grade, grading, regrading, paving, surfacing, narrowing, and discontinuing
of public streets; the construction and altering of drains, gutters,
crosswalks, sidewalks and curbs in the public streets; laying out,
opening, enlarging, improving and ornamenting public squares and parks
and acquiring the land necessary therefor; the constructing, reconstructing,
extension and alteration of public sewers and drains within or without
the limits of the city; the constructing and altering of sewerage
disposal plants within or without the limits of the city; the constructing
of bridges, arches and culverts; the construction of parking garages,
parking spaces or parking areas for the relief of traffic congestion
and the acquisition of real property or any interest therein necessary
for or incidental to such construction. In any ordinance directing
the making of a local improvement the City Council shall have power
to provide that the whole of the expense of any such improvement be
assessed upon the property deemed benefited, or that the whole, or
a portion of such expense, which portion shall be specified in such
ordinance, be borne by the city at large, and the remainder, if any,
assessed upon the property deemed benefited. In the event that the
whole of the expense of any such improvement is assessed against the
city at large, or that a portion of such expense, which portion shall
be specified in the ordinance, is assessed against the city at large
and fifty per cent or less of such expense assessed against the property
deemed benefited, a majority vote of all the members of the Council
is required. In any ordinance providing that the whole, or more than
fifty per cent of the expense of a local improvement, be assessed
against the property deemed benefited, a two-thirds vote of all members
of the Council shall be required. Every ordinance providing that the
whole or any portion of the expense of such improvement shall be assessed
upon the property deemed benefited shall describe the portion of the
city to be assessed, and shall provide that the City Engineer shall
make a plain and accurate map showing the several parcels of land
within the district so established. In any ordinance which shall provide
that the whole or any portion of the expense of any such improvement
shall be assessed upon the property deemed benefited, the City Council
may provide that the assessment shall be payable in one installment,
or in equal annual installments not exceeding ten. Before passing
upon any ordinance directing the making of a local improvement, the
City Council may, at its option, require at least fifty percent (50%)
of the owners of the parcels of land within the assessment district
to file a petition with the City Clerk requesting the City Council
to approve such ordinance. Any such petition shall be duly signed
and acknowledged by such property owners and shall identify the individual
properties of such owners by city tax map block and lot designation.
[Amended 11-4-2008 by L.L. No. 10-2008]
No ordinance directing the laying out, opening, extending, widening, altering, straightening, narrowing, or discontinuing of any public street shall be considered by the City Council, until the City Council has caused a map or plan of the proposed improvement to be made, and such map or plan has been deposited in the office of the City Clerk. After the deposit of such map or plan, the City Council shall cause such ordinance, with a notice of the time of a meeting of the City Council to hear allegations in regard to such improvement, to be published in the official newspaper or newspapers of the said city, once in each week for two successive weeks; and shall cause a copy of such ordinance and notice to be served upon the owners or occupants of the lands contained in the assessment district, if any, and upon the parties interested in the lands to be taken for such improvement, by certified mail addressed to the addresses listed for said land by the Department of Finance of the City of Yonkers in its address book of real properties, entitled, "Official Address Book of Real Properties," and where more than one address appears in said book, the ordinance and notice shall be mailed to each of said addresses, at least ten days before the meeting of the City Council. At the meeting of the City Council appointed in such notice for the hearing of allegations, or at any adjournment thereof, the City Council must hear the allegations of persons interested who appear; and at any subsequent meeting, the City Council may take any action in regard to such ordinance that it may deem proper. Whenever, after publication of notice for hearing of allegations and service thereof in regard to the improvement directed by any ordinance, such ordinance, is amended by increasing or reducing the portion of the city to be assessed, such amended ordinance shall not be passed until after such ordinance and notice shall have been published and served, and a meeting to hear allegations in regard to the improvement directed therein held as hereinabove provided. The provisions of this section shall not apply to streets dedicated and the acceptance of such dedicated streets, as provided in Article
XXI.
[Amended 11-4-2008 by L.L. No. 10-2008]
Unless a claim for damages arising from the alteration of the
grade or the discontinuance of a public street, or any part thereof,
be filed with the Corporation Counsel by the owner of the building,
structure or land alleged to be damaged thereby, or by his or her
authorized attorney, within six weeks after an ordinance directing
such improvement shall take effect, all such alleged damages shall
be deemed to be waived and shall not afterwards be recoverable. No
building or other structure shall be deemed to have sustained damages
by reason of the alteration of the grade of any public street, highway
or place, unless such building or structure shall have been built
with reference to conform to the previously established grade; and
no assessment heretofore levied or to be hereafter levied, upon any
land for the improvement of a public street, shall be subject to attack
or declared void or reduced on account of the alteration of the grade
of such street, highway or place, unless there was upon such land,
prior to the improvement, a building or other structure built with
reference to, or to conform with the previously established grade
of such street. The Corporation Counsel, subject to the approval of
the Commissioner of Public Works and the City Council, may compromise
and settle, in the same manner as other claims against the city, any
claim for damages arising from the alteration of the grade or the
discontinuance of a public street.
[Amended 11-4-2008 by L.L. No. 10-2008]
After any ordinance directing the laying out, opening, extending,
widening, altering or straightening of any public street shall take
effect the Commissioner of Public Works may acquire for the city any
lands needed for any of such improvements by gift, or by purchase
at a price approved by the City Council.
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Assessment with Acquisition
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Whenever any ordinance directing the laying out, opening, extending, widening, altering, straightening, altering the grade, narrowing or discontinuing of any public street; laying out, opening, enlarging, improving and maintaining public squares, parks and playgrounds, or any ordinance directing the making of any local improvement requiring the taking of any property, right or easement in land for any purpose authorized by law, shall take effect and the lands, rights, interest or easements needed for any such improvement shall not have been acquired as provided for in the last preceding section, or whenever a claim for damages alleged to have been caused by alteration of grade or discontinuance of a public street shall have been filed with the Corporation Counsel, and such claim shall not have been compromised and settled, as provided in §
C20-3 of this Article, the Commissioner of Public Works by the Corporation Counsel shall apply to the County Court of Westchester County, or to the Supreme Court at a special term held in the judicial district in which said county shall then be situated, for the appointment of three persons as commissioners to estimate and assess the expense of the improvement, and to inquire into and appraise the compensation to be paid for the property to be taken for such improvement or the damages occasioned by the alteration of grade or discontinuance of a public street as the case may be, and also the benefits to be derived therefrom by the owners of land and buildings affected thereby.
Notice of application, and of the time and place thereof, signed
by the Corporation Counsel, shall be served upon the owners or occupants
of the lands contained in the assessment district, if any, and the
parties interested in the lands to be taken for such improvement,
or alleged to be damaged by reason of an alteration of grade or discontinuance
of a public street, by publishing the same in the official newspaper
or newspapers of the city for at least ten days prior to the time
named in such notice for the making of such application. The Corporation
Counsel shall cause a copy of such notice to be served at least ten
days prior to the time named therein for the making of such application,
upon the owner or occupant of every lot or building, any part of which
is to be taken for such improvement, or alleged to be damaged by an
alteration of grade or discontinuance of a public street, and upon
the owners or occupants of the lands contained in the assessment district
if any. Such service shall be made by certified mail addressed to
the addresses listed for said land by the Department of Finance of
the City of Yonkers in its address book of real properties, entitled,
"Official Address Book of Real Properties," and where more than one
address appears in said book, the notice shall be mailed to each of
said addresses.
[Amended 11-4-2008 by L.L. No. 10-2008]
At the time and place specified in the notice, or at such other
time to which the court may adjourn the proceeding, the Commissioner
of Public Works, by the Corporation Counsel, shall make application
to said court for the appointment of three or more Commissioners;
and upon proof by affidavit being filed of the publication of such
notice and service thereof, as required by the last preceding section,
and upon hearing the Corporation Counsel on behalf of the city and
also the parties interested, who appear and desire to be heard, the
court shall, by its order, appoint three or more freeholders of the
city, who are not interested in any of the land required for such
improvement or contained in the assessment district, if any, or alleged
to be damaged by reason of an alteration of grade or discontinuance
of a public street, nor of kin to any owner or occupant thereof, as
Commissioners to inquire into and appraise the compensation to be
paid for the parcel or parcels of land to be taken for such improvement
or damages as aforesaid, and the benefits to be derived therefrom
by the owners of land and buildings affected thereby, and to estimate
and assess the expenses of the improvement. If it shall appear at
any stage of said proceeding that any owner or party interested in
any of the lands proposed to be taken, for such improvement, or damaged
as aforesaid, is an infant, or has been judicially declared to be
incompetent to manage his or her affairs and has no general guardian
or committee, the court shall appoint a guardian ad litem of such
person for the purposes of such proceeding. The Corporation Counsel
shall forthwith file with the City Clerk certified copies of all orders
made in any such proceeding.
[Amended 11-4-2008 by L.L. No. 10-2008]
The Commissioners so appointed shall thereupon each take and
subscribe an oath that he or she is not interested in any of the property
to be taken for the purpose of such improvement, or alleged to be
damaged as aforesaid, or in any of the property included in the assessment
district, if any, nor of kin to any person so interested, and that
he or she will discharge the duties imposed upon him or her as such
Commissioner without favor or partiality. The Commissioners shall
thereupon cause a notice of the time and place at which they will
meet to enter upon their duties, to be published for at least two
successive days, exclusive of Sundays and holidays, in the official
newspaper or newspapers of the city, and the Commissioners shall also
serve a copy of said notice upon the owners or occupants of the lands
contained in the assessment district, if any, and upon the parties
interested in the lands to be taken for such improvement, or alleged
to be damaged by reason of an alteration of grade or discontinuance
of a public street, by certified mail at least ten days prior to the
date of the meeting addressed to the addresses listed for said land
by the Department of Finance of the City of Yonkers in its address
book of real properties, entitled, "Official Address Book of Real
Properties," and where more than one address appears in said book,
the notice shall be mailed to each of said addresses.
At the time and place specified in the notice, or subsequently
at an adjourned meeting, the said Commissioners shall view the premises
proposed to be taken, or alleged to be damaged as aforesaid, and the
property included in the assessment district, and shall receive and
hear any legal evidence that may be offered by any party interested.
After hearing the allegations and proofs of the several parties interested,
they shall ascertain and award to the respective owners of the property
to be taken, or damaged as aforesaid, and to all other persons interested
in said property, such amount as in their opinion will be just compensation
or damages to them, respectively, as the case may be. If there shall
be a building or buildings situated wholly or partly upon any of the
lands so to be taken, the Commissioners shall also determine the value
for removal of such building or buildings; or, if such building is
only in part upon the land so to be taken, then the value for removal
of the part of the same that is upon the land to be taken. The Commissioners
must also make an assessment upon all the pieces or parcels of land
within the assessment district, apportioning the total expense upon
every piece or parcel of land according to the benefit as nearly as
can be ascertained which it is deemed to receive by the making of
the improvement.
If any of the Commissioners so appointed decline to serve, or
be or become incapable of acting by reason of absence, death, sickness
or other disability or incapacity, the court appointing such Commissioners
may, upon the application of any party interested, and upon a ten
days' notice to all parties who have appeared in the proceeding, appoint
a Commissioner or Commissioners in place of those declining or unable
to serve.
The said Commissioners or a majority of them shall, as soon as may be, make their written report, in tabular form, upon the matters referred to them, in which report they shall set forth the whole expense of the proposed improvement, and the several items thereof, including the incidental expenses referred to in §
C20-20 of this Article, and describe with all practicable certainty the several parcels of land and the buildings, when the buildings are owned separately from the land, to be taken for such improvement, or damaged as aforesaid, and of all other lands included in the assessment district, if any, either by metes and bounds or by reference to a map attached to the report, and the names and residences of the owners thereof, and of all other persons having a legal interest therein, so far as the same have been ascertained by the Commissioners, and the particular rights and interest respectively of such owners or other persons, so far as can be ascertained and the amount of compensation to be paid to such respective owners or other persons interested in the property so to be taken or damaged as aforesaid; the amount assessed upon each piece or parcel of land, and on the different interests therein, the balance of award to be received by different parties over the assessment on their respective land; the balance of assessment to be paid by each person, the assessment on whose land amounts to more than the award, and with so many and such different columns and statements as may be necessary to designate the interest of the parties in the lands or rights required for the improvement, and their liabilities in relation thereto. If any owners or other persons interested in the property are unknown, that fact shall be stated in said report. Such report, with all the evidence, if any, taken before such Commissioners, shall be by them delivered to the Corporation Counsel.
[Amended 11-4-2008 by L.L. No. 10-2008]
Upon receipt of such report and evidence, the Corporation Counsel
shall file the same with the City Clerk for examination by all parties
interested, and he or she shall give notice by mail to all parties
who have appeared at any stage in the proceeding, that such report
is so filed and shall also publish once in the official newspapers
notice that such report is so filed, and that the Commissioners of
Appraisal and Assessment will meet at the time and place therein specified,
not less than ten days from the publication and service of such notice,
to review their report. During such time the said report may be examined,
free of expense, by all interested, and, at the time and place so
specified, any such person may be heard thereon, and may present objections
thereto in writing accompanied by such affidavits as he or she may
think proper. The Commissioners shall, as soon as convenient thereafter,
review their report, correct the same where they shall deem proper,
and file it with the City Clerk. At the time of filing said report
the Commissioners shall also file a certificate of their proceedings,
which may be read in evidence, and shall be presumptive evidence as
to the facts therein stated. In case of any alteration of an assessment
or award being made, after such hearing, they shall, before filing
their report, cause to be published once in the official city newspapers
and serve upon all parties who have appeared at any stage in the proceeding
by mail a notice that such report has been altered and deposited with
the City Clerk, and that at a time and place therein stated, not less
than ten days from the publication and service of such notice, they
will meet to hear and receive objections thereto, and as often as
such alteration is made, like notice shall be given. At the time and
place mentioned in such notice, the Commissioners shall attend and
hear and receive objections and affidavits on behalf of any person
whose award or assessment shall have been altered. The expense caused
by such alteration shall be assessed by the Commissioners, and shall
not be deemed an alteration of an assessment so as to require publication
and service of the notice thereof. The Corporation Counsel must then
cause to be published once in the official city newspapers and serve
upon all parties who have appeared at any stage in the proceeding
by mail a notice that the report has been completed and filed, and
that application to have the report confirmed will be made to the
court, at a time and place to be specified in said notice not less
than ten days from the publication and service thereof, that the Commissioner
of Public Works, at a time and place to be stated in such notice,
will apply to the court for the confirmation of said report. A copy
thereof shall be served either personally, or by mail upon all the
parties interested in the property so to be taken, or damaged as aforesaid
or within the assessment district as the case may be, who have appeared
at any stage in the proceeding, or upon the attorneys for such parties
as have appeared by attorney, at least ten days before the time stated
in said notice for said application.
At the time and place designated in the notice, or at such other
time and place to which the court shall adjourn the matter, the court,
upon proof of service of said notice as required by the last preceding
section, and after hearing the Corporation Counsel and all parties
interested who shall desire to be heard upon such hearing, and who
shall file in said court duly verified objections to said report,
or any part thereof, may by its order confirm the same, or separately
without alteration, so much thereof as relates to any of the separate
pieces or parcels of land referred to therein, if such report shall
embrace more than one parcel of land; or with such alteration, except
as to the amount of compensation or damages, or the amount of assessment
for benefit, as the case may be, as it shall deem proper; or it may
set the said report aside as to all or any of the parcels of land
embraced therein.
If the said report be set aside, either in whole or in part,
it shall be referred by the court for rehearing before the same Commissioners,
as to the whole or any part of said report as to which it shall have
been set aside. The proceedings upon such rehearing shall be conducted
in the same manner as prescribed in this Article for the original
hearing, and the Commissioners shall make a like report thereon, and
the same proceedings shall be had for the confirmation of such second
report, as are herein prescribed for the confirmation of the original
report.
[Amended 11-4-2008 by L.L. No. 10-2008]
Whenever any such report shall be confirmed in whole or in part,
in the manner aforesaid, the Corporation Counsel shall cause a copy
thereof, and of the order confirming the same, each duly certified,
to be filed in the office of the City Clerk and of the Commissioner
of Finance. The Corporation Counsel shall also serve by mail upon
all parties who have appeared at any stage of the proceeding or upon
the attorneys for such parties as have appeared by attorneys, a copy
of such order with notice of entry thereof and upon such filing of
the certified copy of said report in the office of the City Clerk,
said Clerk shall endorse thereon the day, hour and minute of such
filing and from such time the assessments embraced therein shall be
a lien on the real property against which the same are assessed superior
to all other liens and encumbrances. Thereupon the said report, or
so much thereof as has been confirmed, and the confirmation thereof
shall be final and conclusive, unless an appeal be taken therefrom
within the time and in the manner provided by law for appeals from
final orders. After the filing of the certified copy of the report
in the office of the Commissioner of Finance he or she shall pay to
each person to whom an award shall have been made in such report,
or to his or her legal representatives or assigns, the amount of said
award in excess of assessments against him or her, provided however,
that no such payment shall be made until the time to appeal has expired.
After the filing of such certified copy in the office of the City
Clerk, the City Clerk, under the direction of the City Council, shall
make an assessment list, which shall be a correct schedule of the
several assessments in said report, which have not been deducted from
awards made, or which shall exceed in amount the amount of the award
on the same property, and shall certify the same to the Commissioner
of Finance with a warrant attached thereto for the collection of the
assessments stated therein, in the same form as near as may be, as
for the collection of taxes, and signed in the same manner.
Where the whole of any lot required to be taken for such improvement
is subject to a lease or other agreement, all the covenants and stipulations
contained in such lease or agreement shall, upon the final confirmation
of such report, as hereinbefore provided, cease and determine and
be absolutely discharged. Where a part only of such lot shall be required
and taken, as aforesaid, the said covenants and stipulations shall
cease and determine and be discharged so far only as relates to such
part with respect to which compensation has been made to all parties
interested therein.
[Amended 11-4-2008 by L.L. No. 10-2008]
If a building is on any of the land taken for such improvement,
the value of which building, for removal, shall have been ascertained
and reported by the Commissioners aforesaid, and such report as to
such parcel shall have been finally confirmed in the manner aforesaid,
the owner of such parcel of land, upon filing with the City Clerk,
within ten days after such final confirmation, a written notice that
he or she elects to remove such building from the land so taken, at
any time within thirty days after the final confirmation of such report
of the said Commissioners, or within such further time as the Commissioner
of Public Works may prescribe. If such owner shall not, within the
time above stated, file such notice with the City Clerk, the Commissioner
of Finance shall sell at auction to the highest bidder for cash, such
building, or so much thereof as shall stand upon the land so taken,
with the right to remove the same at any time within thirty days after
the city shall have taken possession of such land, and the amount
received in payment therefor shall be applied toward the compensation
to be paid for the property to be taken for such improvement. If such
owner shall elect to remove such building, the value of the same for
removal as appraised by said Commissioner, shall be deducted from
the amount of compensation awarded to him or her, and the remainder
thereof shall be in full for all compensation to be made to him or
her by reason of such improvement.
Whenever proceedings have been begun by the city, under the
Condemnation Law or under this Article, to acquire any real estate
or interest therein, including proceedings for acquiring property
for street openings, the court in which such proceedings are pending
may at any stage of such proceedings authorize the city, if in possession
of the real estate, rights or easements sought to be taken, to continue
in possession thereof, and may stay all actions or proceedings against
it, on account thereof, or, if the city is not in possession, may
authorize the city to take immediate possession of the real estate,
rights or easements sought to be taken and to demolish any structure
located thereon, upon giving such security or depositing such sum
of money as the court may direct, to be held as security for the payment
of the compensation which may finally be awarded. In case possession
is retained or taken under this section, the condemnation proceeding
cannot thereafter be abandoned.
When used in this section or in §
C20-19 of this Article, unless otherwise expressly stated or unless the context of subject matter otherwise requires, the word "improvement" shall be construed as synonymous with the phrase "laying out, widening, extending or relocating a park, public place, highway or street." The term "excess lands" or the term "additional lands" or the term "additional real property" shall be construed as synonymous with the phrase "real property in addition, or additional to the real property needed or required for laying out, widening, extending or relocating a park, public place, highway or street." The City of Yonkers in acquiring real property for an improvement may acquire more real property than needed for the actual construction of the improvement. The City Council of the City of Yonkers may by ordinance authorize the city to acquire additional real property in connection with any improvement and direct that the same be acquired with the real property to be acquired for the improvement; provided that such additional real property shall be not more than sufficient to form suitable building sites abutting on the improvement. The title to which the City of Yonkers shall acquire additional real property shall be fee simple absolute. Additional real property shall be acquired by the city in connection with a street improvement only when the title acquired for the improvement shall be in fee. The acquisition of title to additional real property in connection with an improvement shall be authorized in the same manner and at the same time as the acquisition of title to the real property required for the improvement is authorized. When the acquisition of title to additional real property in connection with an improvement shall have been authorized, title to such additional real property shall be acquired by the city in the manner and according to the procedure, except in such respects as are herein set forth, provided for the acquisition of title to real property required for the improvement and in the same proceeding in which title to the real property required for the improvement shall be acquired.
[Amended 11-4-2008 by L.L. No. 10-2008]Every ordinance which shall authorize the acquisition of additional
real property in connection with any improvement shall provide that
the City Engineer shall make a plain and accurate map showing the
real property to be acquired for the improvement and such additional
real property to be acquired in connection with the real property
to be acquired for the improvement. When additional real property
is to be taken by condemnation, the Commissioner of Public Works when
applying to the County Court of Westchester or the Supreme Court for
the appointment of Commissioners to estimate and assess the expense
of the improvement and to inquire into and appraise the compensation
to be paid for the property to be taken for such improvement, shall
cause to be separately described such additional real property to
be so taken in the notice of the application for the appointment of
Commissioners and in the petition presented upon such application,
and such notice and petition shall state what part of the real property
to be condemned is required for the improvement, and what part thereof
is to be acquired as additional real property. The acquisition of
such additional real property when duly authorized shall be deemed
to be for a public purpose.
Whenever proceedings shall have been begun by the city under
the Condemnation Law or under this Article to acquire any real estate
or any interest therein or whenever proceedings have been begun for
acquiring property for street openings in which proceedings additional
real property is to be acquired, the court in which such proceedings
are pending may at any stage of such proceedings, authorize the city
to continue in possession of such additional real property or any
part of the same, or to take immediate possession of such additional
real property or any part thereof in the same manner now authorized
by law in connection with the real property required for such improvement.
Title to such additional real property shall vest in the city at the
same time and subject to the same conditions as apply to other lands
acquired for the improvement.
Whenever an ordinance shall have been adopted as in this section
provided, for the purpose of an "improvement" as in this section defined,
such ordinance may be amended by authorizing the acquisition of lands
additional to those required for the improvement. All provisions of
law now applying to the payment by the city for lands taken under
the provisions of this Article shall apply with reference to the payment
for additional real property taken hereunder.
After title to the real property required for the improvement
and to the additional lands shall have vested in the city, the additional
lands may be either held and used by the city, or sold or leased by
it as provided by law. The City Council may provide that such additional
lands shall be sold or leased subject to such restrictions, covenants
or conditions as to location of buildings with reference to the real
property acquired for the improvement, or the height of buildings
or structures, or the character of construction and architecture thereof,
or such other covenants, conditions or restrictions as it may deem
proper; and such additional lands shall be sold or leased subject
to such restrictions, covenants or conditions, if any, as may be prescribed,
which shall be set forth in the instrument of conveyance or lease.[Amended 11-4-2008 by L.L. No. 10-2008]
[Amended 11-4-2008 by L.L. No. 10-2008]
In every proceeding in which lands additional to those required
for the improvement shall be acquired, the City Council shall have
power by ordinance to provide that the whole of the expense of any
such improvement be assessed upon the property deemed benefited, or,
that the whole or a portion of such expense, which shall be specified
in such ordinance, be borne by the city at large and the remainder,
if any, assessed upon the property deemed benefited, provided however,
that not more than fifty per cent of such expense shall be assessed
upon the property deemed benefited, except by a two-thirds vote of
all the members of the Council.
Where part of a parcel of real property shall be acquired for
an improvement, and the remainder or a portion of the remainder of
such parcel in the same ownership shall be acquired in the same proceeding
as excess lands, the portion of the damages due to the acquisition
of the real property required for the improvement, shall be determined
and stated separately from the entire damage due to each such owner.
In determining the damages due to the acquisition of that portion
of such parcel, which is required for the improvement, which shall
be the portion thereof properly assessable, the same rule shall be
applied as would govern the determination of damages for the taking
of the real property required for the improvement, in case no excess
lands were acquired. Where part of a parcel of real property shall
be acquired for the improvement, and the remainder or a portion of
the remainder thereof in the same ownership shall be acquired in the
same proceeding, as excess lands, the damages due to the acquisition
of title to the real property required for the improvement, which
shall constitute the portion of the owner's total damages as to such
parcel, on account of the proceeding, which shall be properly assessable,
shall, in every case, equal the amount which would be awarded to such
owner in case only that part of his or her real property, which shall
be required for the improvement, were acquired.
The aggregate of damages due to the acquisition of the real
property required for the improvement shall be determined by the court
or other tribunal authorized to determine the compensation to be paid
to the owners and when so determined be assessed as a part of the
damages in the proceeding. The real property acquired by the city
in addition to that required for the improvement shall be subject
to assessment for benefit due to the improvement and shall bear the
proper share of the cost and expense of the proceeding. The assessment,
which shall be levied in any proceeding, upon the real property acquired
in addition to that required for the improvement shall not in the
case of any parcel assessed exceed one-half the value thereof. Nothing
in this section contained shall be construed as authorizing the awarding
to an owner, part of whose real property is taken for the improvement,
and the remainder or a portion of the remainder of whose real property
is taken as additional lands, any greater amount of compensation than
such owner shall be entitled to, by reason of the taking of his or
her real property for the improvement and as additional lands, considered
together as one parcel.
The provisions of this section and of §
C20-18 of this Article shall be construed as supplementing and extending the effect of the provisions of the other section of this Article so as to provide for the acquisition of title to additional lands in connection with an improvement and for the levying of assessments for benefit in such proceedings and nothing in this section and §
C20-18 of this Article contained shall be construed as limiting the effect of the provisions of the other sections of this Article in their application to the acquisition of title to real property required for an improvement when acquired in a proceeding in which additional lands shall or shall not be acquired or to the levying of assessments for benefit in such proceedings, except as the provisions of the other sections of this Article are in this section and in §
C20-18 of this Article expressly so limited in their application.
[Amended 9-22-1970 by L.L. No. 11-1970; 11-4-2008 by L.L. No.
10-2008]
Upon the completion of any local improvement the Commissioner
of Finance shall compute and ascertain the total cost thereof. In
the total cost shall be included awards for the taking of real estate,
rights or easements, awards for damages resulting from such improvement,
all sums paid by the city for surveyors, engineers, inspectors, commissioners'
and witnesses' fees, the cost and disbursements of the Corporation
Counsel for and on account of such improvement, the interest on notes
or certificates of indebtedness issued by the city to pay the expense
of such improvement, and all expenses incident to the improvement
and the assessment therefor. After the Commissioner of Finance shall
compute and ascertain the total cost of any local improvement as aforesaid,
he or she shall certify the same to the City Council; and if the whole
or any part of the expense of such local improvement is to be assessed
upon the property benefited, the Commissioner of Finance shall also
certify to the City Assessor such total cost and also the proportion
of such cost directed by ordinance to be assessed upon the property
benefited.
[Amended 11-4-2008 by L.L. No. 10-2008]
Whenever the Commissioner of Finance shall certify to the City
Council the total cost of any local improvement, the City Council
may by ordinance direct that the amount and proportion of the expense
of such improvement which shall be directed to be assessed upon the
property benefited, or any part of such expense, shall be raised by
the city, by the issue and sale of its bonds, to be known as "assessment
bonds."
Such bonds may bear interest not exceeding six per cent per
annum, and shall be made payable in equal annual installments, the
last of which shall become due not more than ten years after its issue.
All moneys received from assessments heretofore or hereafter levied
shall be held and used exclusively for the payment of assessment bonds
of the City of Yonkers, issued under the authority of this Charter.
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Assessment without Acquisition
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[Amended 4-27-1965 by L.L. No. 6-1965]
No ordinance directing a local improvement when no land or rights,
interests, or easements in land are to be acquired by purchase or
condemnation, under this Article, shall be considered by the City
Council until the City Council has caused a map or plan of the proposed
improvement to be made, and such map or plan has been deposited in
the office of the City Clerk. If all or any part of the cost of such
improvement is to be assessed against the area deemed benefited, the
map or plan shall show such benefited area, and after the deposit
of such map or plan, where all or any part of the expense is to be
assessed against the area deemed benefited, the City Council shall
cause such ordinance, with a notice of the time of a meeting of the
City Council to hear allegations in respect to such improvement, to
be published in the official newspaper or newspapers of the said city
once at least ten (10) days before the date set for said meeting,
and shall cause a copy of such ordinance and notice to be served upon
the owners or occupants of the lands contained in the assessment district,
by regular mail addressed to the addresses listed for said land by
the Department of Finance of the City of Yonkers in its address book
of real properties, entitled, "Official Address Book of Real Properties,"
and where more than one address appears in said book the ordinance
and notice shall be mailed to each of said addresses, at least ten
days before the meeting of the City Council. At the meeting appointed
in such notice for the hearing of allegations, or at any adjournment
thereof, the City Council must hear the allegations of persons interested
who appear; and at any subsequent meeting the City Council may take
any action in regard to such ordinance that it may deem proper. Whenever,
after publication of the notice for hearing of allegations and service
thereof in regard to the improvement directed by any ordinance, such
ordinance is amended by increasing or reducing the portion of the
city to be assessed, such amended ordinance shall not be passed until
after such ordinance and notice shall have been published and served
and a meeting to hear allegations in regard to the improvement directed
therein held as hereinabove provided.
[Amended 7-22-1970 by L.L. No. 11-1970; 11-4-2008 by L.L. No.
10-2008]
Upon the receipt of the report of the Commissioner of Finance
as to the expense of a local improvement to be assessed upon the property
benefited pursuant to an ordinance of the City Council, except when
land, or rights, interests, or easements in land are to be acquired
by purchase or condemnation under this Article, the City Assessor
must make an assessment upon all the lots and parcels of land within
the portion or part of the city directed to be assessed, apportioning
the expense upon each lot and parcel of land according to the benefit
as nearly as can be ascertained which it is deemed to have received
by the making of such improvement or work, and for that purpose must
make out an assessment roll in which must be entered the names of
the persons assessed so far as he or she can ascertain the same, and
the amount assessed against them, respectively, with a brief description
of the lots or parcels of land assessed.
[Amended 4-27-1965 by L.L. No. 6-1965; 7-22-1970 by L.L. No.
11-1970; 11-4-2008 by L.L. No. 10-2008]
Immediately after such assessment roll has been completed, the
City Assessor shall deposit the same in his or her office for inspection
by parties interested, and shall publish a notice in the official
newspaper or newspapers of the city once at least ten (10) days before
the date set for said meeting, and shall serve a copy of such notice
upon the owners or occupants of the lands contained in the Assessment
District by regular mail addressed to the addresses listed for said
land by the Department of Finance of the City of Yonkers in its address
book of real properties, entitled, "Official Address Book of Real
Properties," and where more than one address appears in said book
the notice shall be mailed to each of said addresses at least ten
days before the time specified in such notice. Such notice shall state
that the City Assessor has completed the assessment roll and has deposited
it in his or her office where it may be examined by any person interested
until the time specified in such notice, when the City Assessor will
first hear the allegations and objections of all persons interested
in the assessment.
[Amended 7-22-1970 by L.L. No. 11-1970; 11-4-2008 by L.L. No.
10-2008]
At the time and place designated in such notice the City Assessor
must hear the allegations and objections of all persons interested,
who appear, and the assessment books must be open for the examination
and inspection of all parties interested. The City Assessor may adjourn
from time to time as deemed necessary, and may amend or correct such
assessment roll as he or she deems proper.
[Amended 7-22-1970 by L.L. No. 11-1970; 11-4-2008 by L.L. No.
10-2008]
When completed, an oath substantially in the following form
must be written or printed upon or attached to the assessment roll,
and be signed and sworn to by the City Assessor namely: "I, the undersigned,
the City Assessor of the City of Yonkers, being duly sworn, depose
and say that the foregoing assessment roll was made by me in pursuance
of an ordinance of the City Council; that due legal notice of a hearing
was given, and the assessment roll was by me adopted, after such notice
and allegations thereunder, and is, according to the best of my knowledge
and belief, a just and true assessment as against the persons or property
to be benefited, and according to the benefit derived." And he or
she must sign a certificate substantially in the following form, which
must also be written or printed upon or attached to the assessment
roll: "I do hereby certify that the foregoing assessment roll is a
true record of my determination of the same, after having heard allegations
thereon, and I have fixed the amount assessed against the respective
persons and property therein named as therein set forth, and the same
is just and true." And thereupon the assessment roll must be delivered
to the City Clerk.
[Amended 5-25-1971 by L.L. No. 12-1971; 11-4-2008 by L.L. No.
10-2008]
When a local assessment roll is delivered to the City Clerk, he or she must report it to the City Council at its next meeting. The City Council shall give notice, to be published twice in the official newspaper or newspapers, and shall cause a copy of said notice to be served upon the owners or occupants of the lands contained in the assessment district, in the manner provided in §
C20-24 of this Article, that such assessment roll is filed with the City Clerk and that at a time to be specified in such notice, which shall not be less than ten days from the first publication thereof, it will proceed to a consideration of such assessment roll. Prior to said day, any person may file with the City Clerk written objections to such assessment roll or any part thereof, which objections shall be read before the City Council before any action shall be taken on such assessment roll. At the time so appointed, or at some other time to which it may adjourn for that purpose, the City Council or a committee thereof may hear the allegations of any person interested who shall have filed such objections, and may take proof in relation thereto. Such allegations and proof shall be confined to the matters stated in such written objections. The City Council may thereupon either confirm such assessment or may set the same aside and order a new assessment. In no event, however, shall the City Council delay in acting upon such assessment for a period in excess of ninety days after the ordinance providing for the confirmance of the assessment first appears on the City Council agenda. Whenever the City Council shall confirm an assessment for a local improvement, the City Clerk shall enter on the minutes of the City Council the date, hour and minute of such confirmation, and from the time of such confirmation the assessments embraced in the assessment roll shall be a lien on the real property against which the same are assessed, superior to all other liens and encumbrances. After the roll is confirmed, it must be delivered by the City Clerk to the Commissioner of Finance.
[Amended 7-22-1970 by L.L. No. 11-1970]
The City Council may correct, cancel or remit any assessment
for a local improvement, made by the City Assessor as aforesaid, believed
by it to have been erroneously assessed and may remit, cancel or adjust
the interest or penalties on any such assessment.
[Amended 7-22-1970 by L.L. No. 11-1970]
The City Council has the power, when in its judgment there is
any irregularity, omission, error or lack of jurisdiction in any of
the proceedings relating thereto, to set aside the whole of a local
assessment and thereupon to cause a reassessment to be made. In such
case, it shall pass an ordinance designating the improvement involved,
the whole expense thereof, including all interest thereon to the date
of the passage of such ordinance on obligations issued by the city
to pay the expense of such improvement and the part or portion of
the city deemed to be benefited thereby; and it may direct the City
Assessor to assess the lots and parcels of land in such territory
described, for such expense, according to the benefits received, and
proceed in all respects as in cases of local assessments; and such
reassessment has the same valid and binding force as if it had originally
been properly made. An ordinance setting aside the whole of a local
assessment and directing a reassessment thereof must provide that
any moneys paid on the assessment set aside, with interest at a rate
determined by the City Council not exceeding the rate received by
the city on such money, must be credited on the amount of the new
assessment against the property on which the assessment was paid,
and that in case the amount so paid exceeds the amount reassessed
on the same property, such surplus, including the interest aforesaid,
must be paid to the person who may have paid the same.
[Amended 5-13-1980 by L.L. No. 4-1980; 11-4-2008 by L.L. No.
10-2008]
A local assessment, if payable in one (1) sum, or the first
installment, if payment in installments, becomes due on the first
of the month following the month in which the assessment roll is received
by the Commissioner of Finance, if it is received on or before the
15th day of the month; and if received after the 15th day of the month,
then such assessment or installment becomes due and payable on the
15th day of the month following the month in which the assessment
roll is received; and if payable in installments, succeeding payments
become due in each succeeding year on the day and month the first
installment became due. If any assessment is payable in installments,
there shall be added to the amount of each installment, subsequent
to the first installment, interest at the rate of six per centum (6%)
per annum computed from the date when the first installment became
due to the date when such subsequent installment shall become due,
unless such subsequent installment shall be previously paid, in which
event such interest shall be computed to the date of payment. To any
assessment or installment thereof paid after the same shall become
due, there shall be added interest at the rate of fifteen per centum
(15%) per annum, computed from the date when the same became due to
the time of payment, in addition to the interest to be added to any
installment as hereinbefore provided.
[Amended 4-27-1965 by L.L. No. 6-1965; 11-4-2008 by L.L. No.
10-2008]
At least ten (10) days before the first installment is payable
the Commissioner of Finance must give notice by publication, for two
(2) successive days in the official newspaper or newspapers, requiring
the persons assessed or the owners or occupants of the lots assessed
to pay the same to the Commissioner at the Commissioner's office when
due. No other notice or publication shall be required for any of the
future installments due.
[Amended 11-4-2008 by L.L. No. 10-2008]
Any tenant, or other person, or a corporation, having a divided
or undivided interest in any land may pay all or any part of the taxes
or assessments due on such land, with the interest or charges due
or charged thereon, and recover by action against any person or corporation
the amount, or proportion of the amount, so paid, which such person
or corporation ought to have paid; or may retain the same from any
rent due or accruing from him or her or it to such person or corporation
for the land so taxed.
[Amended 7-22-1970 by L.L. No. 11-1970; 11-4-2008 by L.L. No.
10-2008]
Upon the application in writing of any person desiring to pay
the tax or assessment on or to redeem from sale heretofore made by
the City of Yonkers for an unpaid tax or assessment, a part of any
lot of land, or one or more lots of land, upon which, with other lots
of land, a tax or assessment has been levied, or upon the application
of the Commissioner of Finance, the City Assessor shall apportion
in writing the tax or assessment on such lot or lots of land, or the
amount for which the same shall have been sold, between the land which
the applicant desires to pay the tax or assessment upon, or to redeem,
and the remaining part thereof, and like proceedings may be had thereafter
as if the land had been separately assessed, and a separate amount
of tax or assessments levied upon each. Such apportionment shall be
made in duplicate, and filed with the Commissioner of Finance. But
no apportionment shall be made of any taxes or assessments upon any
lot or plot of land unless a map of the entire lot or plot and the
portion or portions thereof for which the apportionment is asked shall
have been filed with the City Assessor; and a copy thereof shall be
filed with the Commissioner of Finance after the apportionment is
made.
Section 100 of the Second Class Cities Law in its application
to the City of Yonkers is superseded insofar as it is inconsistent
with this Article.
