[1971 Charter Laws, §§ 304, 305; Laws of N.Y.
(1915) ch. 535, § 97; L.L. No. 18-1940, § 1; L.L.
No. 3-1964, § 3; L.L. No. 6-1968, § 3)
(a)
In this division, "resident property owner" means an individual residing
in the city or a corporation having its principal place of business
in the city and who shall be at the time of signing a petition under
this division the owner of the legal title to land adjoining the street
or section of a street proposed by such petition to be improved. In
the case of life estates, the remainderman and not the life tenant
shall be deemed to be the owner of the legal title. In the case of
joint tenancy, tenancy in common, and tenancy by the entirety, all
the joint tenants, tenants in common, and tenants by the entirety
owning any one parcel of real property shall be deemed to be one property
owner, and the signature upon such petition of any one of such joint
tenants in common or tenants by the entirety shall have the same effect
as if the petition had been signed by all of such joint tenants, tenants
in common, or tenants by the entirety.
(b)
The city shall be deemed a resident property owner of any public
park, square, or grounds adjoining the street in which any improvement
under this division shall be made, and the approval of any petition
by the common council shall be equivalent to the signing of a petition
under this division by the city as a resident property owner.
[1971 Charter Laws, § 329; Laws of N.Y. (1915)
ch. 535, § 97; L.L. No. 18-1940, § 1; L.L. No.
3-1964, § 7; L.L. No. 6-1968, § 9]
Whenever the state or any governmental agency or subdivision
thereof improves any road or street within the city, all of the provisions
of this division relating to the petition, assessment, and collection
of taxes as to that portion to be paid by the abutting property owners
and by general tax shall apply, and the common council shall pay to
the proper governmental agency such portion of the total expense that
is to be borne by the city and by the abutting property owners as
may be equitable.
[1971 Charter Laws, §§ 301, 308; Laws of N.Y.
(1915) ch. 535, § 97; L.L. No. 18-1940, § 1; L.L.
No. 3-1964, §§ 2, 3; L.L. No. 6-1968, §§ 2,
3]
(a)
No paving petition under this division shall be received by the common
council, nor shall it be acted upon until sanitary sewers and water
mains and laterals have been installed in the street which is the
subject of the petition.
(b)
No street shall be macadamized or paved until after the water main
and sewer pipes have been laid on such street or section of a street.
[1971 Charter Laws, §§ 300, 333; Laws of N.Y.
(1915) ch. 535, § 97; L.L. No. 18-1940, § 1; L.L.
No. 3-1964, §§ 1, 9; L.L. No. 6-1968, §§ 1,
11]
(a)
The cost and expense of street macadamizing or paving including curbing,
guttering, flagging, engineering bonding indebtedness cost, and all
other costs reasonably incidental to the construction of such work
shall be computed and ascertained by the department of public works.
One-third of such entire cost and expense shall be charged to the
city at large, and the remaining 2/3 thereof shall be assessed by
the city among the owners or parcels of land lying along and adjoining
such street on each side thereof, except as otherwise provided in
this chapter.
(b)
The city may include in the annual budget such sums as it deems necessary
to defray the city's portion of the construction of new pavements.
[1971 Charter Laws, § 300; Laws of N.Y. (1915)
ch. 535, § 97; L.L. No. 18-1940, § 1; L.L. No.
3-1964, § 1; L.L. No. 6-1968, § 1)
Streets may be paved pursuant to this division in such manner
and by the use of such materials as the department of public works
has prescribed as minimum standards for street paving at the time
of the presentation of the petition. The department of public works
shall have the right to amend or alter any paving specifications from
time to time as improved engineering standards or methods become available.
It shall be the duty of the department of public works to file the
current minimum paving specifications in the office of the city clerk,
and such specifications shall be available for public inspection.
[1971 Charter Laws, §§ 300, 302, 303, 306,
307; Laws of N.Y. (1915) ch. 535, § 97; L.L. No. 18-1940,
§ 1; L.L. No. 3-1964, §§ 1, 3; L.L. No. 6-1968,
§§ 1, 3]
(a)
Upon the petition of resident property owners who own more than 1/2
of the lineal foot frontage of land owned by resident property owners
abutting on any street or section of a street, the common council
shall have power to cause such street or section of a street to be
macadamized or paved, curbed, guttered, or flagged.
(b)
The signatures to such petition shall be irrevocable. Additional
signatures may be affixed to such petition at any time after such
petition has been presented to the common council by any resident
property owner who shall then own lands, provided that no prior owner
of such lands shall have signed such petition. The additional signatures
shall have the same effect as if they had been on the petition when
the petition was presented to the common council.
(c)
Upon receiving a petition under this division, the common council
shall cause notice to be published once a week for two successive
weeks in some newspaper published in the city stating in substance
that a petition has been presented asking that the proposed improvements
be made and specifying the street or a portion of the street which
it is proposed to improve. The notice shall state a time and place
for the purpose of hearing objections thereto, which hearing may be
adjourned from time to time.
(d)
Unless written objections are made to the sufficiency of the petition
and the grounds of objection specifically stated, the petition shall
be deemed sufficient both in form and amount of frontage to authorize
the proposed improvements.
(e)
If the common council determines to make such improvement, it shall
approve the petition and direct the improvement to be made and thereupon
determine the probable cost thereof.
[1971 Charter Laws, § 309; L.L. No. 6-1968, § 4]
(a)
Whenever the director of the department of public works shall submit
a written recommendation to the common council that any specific street
or section of a street, public alley, or way be paved, notwithstanding
the fact that no petition as provided for in this division or otherwise
shall have been presented to the common council, such recommendation
shall be considered by the common council which may approve such recommendation.
If the common council approves the paving upon the recommendation
of the director of public works, it shall cause notice to be published
once a week for two successive weeks in the official newspaper of
the city, stating in substance that a recommendation has been presented
and approved, subject to a public hearing and that the recommendation
is that the proposed improvements be made, specifying the streets
or portions of streets which it is proposed to improve, and setting
a time and place for the purpose of hearing objections thereto, which
hearing may be adjourned from time to time. The common council shall
also cause notices of the public hearing to be mailed by certified
mail to the owners of the land abutting upon the street, section of
the street, or public way or that portion thereof proposed to be paved.
Such notice shall be sent to their addresses as the addresses may
appear on the last assessment roll and shall notify the owners of
such proposed action of the common council regarding the paving of
such street or public way.
(b)
The property owners shall have the right to appear and be heard thereon
before the common council at a public hearing. The hearing shall be
held not more than 10 days nor less than five days following the last
date of publication of notice of hearing in the official newspaper.
The common council shall have the power after a hearing of property
owners or any interested parties, or in default of their appearance,
by a three-fourths vote to order by resolution that such street, way,
or portion thereof shall be paved, specifying in such resolution the
type of paving, the manner and form of the construction, and the width
of the paved portion.
[1971 Charter Laws, §§ 315, 316; Laws of N.Y.
(1915) ch. 535, § 97; L.L. No. 18-1940, § 1; L.L.
No. 3-1964, §§ 4-6; L.L. No. 6-1968, §§ 6-8]
(a)
For the purpose of paying for improvements made pursuant to this
division, the city auditor shall proceed in the same manner as prescribed
for making sewer assessments, except as modified in this division.
(b)
Each lineal foot of property shall pay its proportion of the total
cost, and one lineal foot shall not be assessed a greater or lesser
amount than another. The cost and expense of that portion of any street
improvement which shall lie within the bounds of an intersecting street
shall be a charge upon the city and may be paid by the city by general
taxation. When such improvements have been completed, and at the time
the city auditor shall make the assessment therefor, the auditor shall
determine the expense of such improvement chargeable to the city and
chargeable to the owner of the lots or parcels of land adjacent to
such street or public ground so improved.
[1971 Charter Laws, § 321; Laws of N.Y. (1915)
ch. 535, § 97; L.L. No. 18-1940, § 1]
The taxes and assessments which are to be levied for the purpose
of paying the expense of work done pursuant to this division shall
be payable in the same number of equal annual installments as the
bonds or other obligation which are to be issued in the payment of
the expense of such work, with the option and privilege to the owners
to pay the whole of the taxes so assessed within 15 days from the
time of the completion of the assessment roll. Such option or privilege
may be exercised at the time when any installment becomes due, provided
the owner pays the whole amount of interest that would accrue if such
owner or owners paid the taxes and assessments in equal annual installments.
[1971 Charter Laws, § 321; Laws of N.Y. (1915)
ch. 535, § 97; L.L. No. 18-1940, § 1; L.L. No.
3-1964, § 6; L.L. No. 6-1968, § 8]
After correction and confirmation of such assessment, the assessment
shall be a lien and charge upon the property as provided in this division.
The portion thereof to be paid by the property owner shall become
a lien upon the property.
[1971 Charter Laws, § 323; Laws of N.Y. (1915)
ch. 535, § 97; L.L. No. 18-1940, § 1; L.L. No.
3-1964, § 6; L.L. No. 6-1968, § 8]
The common council shall cause the assessment levy made for
work done pursuant to this article to be collected in the same manner
as other taxes in the city, except as otherwise provided in this division.
Immediately after the correction and confirmation of the assessments,
the common council shall cause the warrant for the collection of the
assessment to be delivered to the city clerk, who shall publish in
the official paper of the city a notice that he has received such
warrant and tax roll and that such taxes or any installment thereof
may be paid to him within 30 days without fee and that upon expiration
of such 30 days, the first installment of such taxes will become delinquent
and that each succeeding installment thereafter, together with the
interest on the whole amount of such taxes remaining unpaid, will
be payable one year after the time fixed for the payment of the installment
immediately preceding, and will become delinquent 30 days thereafter.
The city clerk shall act in accordance with the notice. Such delinquent
taxes shall be subject to the same fees and penalties as other delinquent
taxes on the city tax roll.
[1971 Charter Laws, § 324; Laws of N.Y. (1915)
ch. 535, § 97; L.L. No. 18-1940, § 1; L.L. No.
3-1964, § 6; L.L. No. 6-1968, § 8]
The assessments levied to pay the cost and expense of all improvements
pursuant to this division shall become separate and apart from the
other funds of the city and used only for the retiring and paying
of bonds. The interest paid on any bond anticipation notes and interest
on the amount thereof for 90 days after the completion of the assessment
of account of such improvement shall be added to and considered a
part of the expense of the improvement.
