[1971 Charter Laws, § 334; Laws of N.Y. (1915)
ch. 535, § 100; Laws of N.Y. (1916) ch. 543, § 1;
L.L. No. 3-1979, § 1; L.L. No. 1-1987, § 1; L.L.
No. 1-1989, § 1]
(a) The common council shall have power to cause sidewalks on the streets
and highways in the city to be constructed and cause them to be altered,
repaired, cleaned, or to otherwise improve the space between the outside
limits of the street, the curb or improved portion of the street,
and to determine and prescribe the manner of doing the same, the materials
to be used thereon, and the quality of such materials. The council
shall direct that the whole of any improvement of work be then assessed
upon the property deemed benefitted, or that the whole or part thereof
be charged to the city at large, and the remainder, if any, assessed
to the property deemed benefitted to the owner or occupant and be
collected in the same manner as other taxes are collected by virtue
of this act. Such expense shall be a lien on the land or lot. Such
expense assessed against the land deemed benefitted may be recovered
by action brought against such owner or occupant. Whenever the common
council shall determine to require such improvement to be made, a
notice thereof shall be served on such owner or occupant, or the common
council may cause to be published once in the official paper a copy
of the resolution requiring such improvement to be made, stating a
period of time of at least 20 days in which such improvement is required
to be made. If such improvement is not made within the required time,
the common council may make the improvement. The expense thereof shall
be payable by the owners or occupants and shall also be a lien upon
the lands or lots. If an owner or occupant elects to make the improvements
upon receiving the notice from the city as provided in this section,
the owner or occupant shall notify the city of his election to do
so before the improvement is commenced, and the city shall be obligated
to oversee the construction in order that the improvement meets city
specifications.
(b) Notwithstanding the provisions of subsection
(a) of this section, the expense assessed any owner or occupant of real property pursuant to this division shall not include the following:
(1)
The expense of installing that portion of a sidewalk exceeding
a width of 10 feet.
(2)
The expense of installing curbs or curb cuts when such work
is caused to be done pursuant to this division.
(3)
The expense of ornamentation with trees when such work is caused
to be undertaken pursuant to this division.
(4)
The expense of constructing superstructures over streams or
streambeds.
(c) If owners or occupants shall, within the required time and at their
own cost and expense, elect to undertake and make the improvement
which the common council has caused to be required pursuant to this
division, the expense incurred by the owner or occupant for that portion
greater than 10 feet of sidewalk, curbs, curb cuts, or superstructures
over streams and streambeds shall be reimbursed to the owner and paid
by the city from the general fund of the city.
[1971 Charter Laws, § 335; Laws of N.Y. (1915)
ch. 535, § 100; Laws of N.Y. (1916) ch. 543, § 1;
L.L. No. 3-1979, § II; L.L. No. 1-1987, § II;
L.L. No. 1-1989, § 1]
After the expense established in section
LL5-56 shall be determined and ascertained, the common council shall make or cause to make an assessment. The roll thereof shall contain the name of the owner or occupant, if known to the common council, a brief description of the property sufficient for identification, and the amount of the expense. Thereupon, for the purpose of making any such assessment or improvement, the city auditor shall proceed in the same manner as prescribed for making sewer assessments, except as modified in this division.
[1971 Charter Laws, § 336; L.L. No. 1-1989, § 1)
If bonds are to be issued to finance improvements pursuant to section
LL5-56, the assessments which are to be levied for the purpose of paying the expense of such improvements shall be payable in annual equal installments with the option and privilege to such owner or occupant to pay the whole of such taxes so assessed without interest within 30 days from the time of the completion of such assessment roll. The number of installments shall equal the term, in years, of the bonds or certificates of indebtedness pursuant to section
LL5-60. Such option or privilege may also be exercised at the time when any installment becomes due, provided that the owner pays in addition the whole amount of interest that would accrue if the owner paid the whole of such assessments in equal annual installments.
[1971 Charter Laws, § 337; L.L. No. 1-1989, § 1;
L.L. No. 2-1989, § 1; Res. No. 67-96, 8-27-1996]
(a) In this section:
(1)
Sidewalk means that portion of a street outside of the roadway
used, or set aside, for the use of pedestrians.
(2)
Street means the entire area conveyed, acquired, or dedicated
to public use and passage. The word "street" shall include in its
meaning the words "avenue," "alley," "drive," "place," or any other
words used to designate the public thoroughfare.
(b) It shall be the duty of every owner of any premises abutting on any
public street to keep the sidewalk in front of the premises in good
order and repair.
(c) It is the privilege, and on notice from the department of public
works, it shall be the duty of any owner of any premises or parcel
of land within the city to repair and/or reconstruct the sidewalk
in front of the premises or parcel between the street line and the
curb or improved portion of the street.
(d) If the work shall be ordered by the city, the director of the department
of public works shall notify the owner of any premises in front of
which the work shall be required to be done, that if the work is not
done by the owner within 20 days, the work shall be done by the city,
and the expense thereof shall be assessed upon the premises. This
notice shall also notify the owner that he may, within 20 days, provide
the director of the department of public works a written statement
specifying why such work should not be done, it is needed, or can
reasonably be delayed. The director shall investigate and make a written
final determination including findings of fact and conclusions as
to whether such work shall be required. All notices by the city to
the landowner shall be served personally or by mailing the notices
in the manner prescribed for the mailing of notices and the mailing
of taxes due by the city assessor.
(e) If any such work shall not be done within the time specified, the
department of public works may cause such work to be done, and the
full expense thereof shall be charged against and a lien assessed
upon such premises. Notwithstanding the provisions of this section,
the expense assessed for such repairs and reconstruction shall not
include the following:
(1)
The expense of installing that portion of a sidewalk exceeding
a width of 10 feet.
(2)
The expense of installing curbs or curb cuts when such work
is caused to be done pursuant to this division.
(3)
The expense of ornamentation with trees when such work is caused
to be undertaken pursuant to this division.
(4)
The expense of repairing or reconstructing the superstructures
over streams or streambeds.
(5)
Where sidewalk was originally constructed by the city utilizing
reinforced concrete and the sidewalk is an integral part of the paved
portion of the street, the expense in excess of the expense which
would be reasonably incurred for the repair of sidewalks which are
not constructed of reinforced concrete and are not an integral part
of the paving.
(f) Whenever the relocation of any installed sidewalks meeting city standards
is necessitated because of the construction or a widening of pavement
on any street, the cost or expense therefor shall be paid solely by
the city from the general fund. No part of such cost or expense shall
be assessed against the premises upon which or abutting which the
sidewalk lies.
(g) If the city undertakes the ordered work utilizing bonded funds, the
cost of the reconstruction or repair to be repaid by the landowner
shall be payable in equal annual installments over the duration of
the bond, not to exceed a five-year period with interest charged at
the bonded interest, and not to exceed 6% per annum. If general funds
of the city are utilized, owners of property shall, or, if bonded
funds are utilized, owners of property may, pay the whole of such
improvements so assessed in the same manner as city taxes. Thereafter,
the option to prepay may be exercised at the time when any installment
becomes due, provided that such owner pay, in addition, the whole
amount of interest that would accrue if the owner paid the whole of
such assessments in equal installments.
(h) If the owner of any lands, the grade or level of which is above the
established grade of the sidewalk in front of his lands, shall neglect
or refuse to protect such land and to grade such land so as to prevent
dirt, earth, stones, or other material from falling, or after service
upon him of notice, the director of the department of public works
shall cause such work to be done in the same manner as provided in
this division.
[1971 Charter Laws, § 337A; L.L. No. 3-1979, § IV;
L.L. No. 1-1987, § IV]
(a) For the purpose of paying the expense of improvements specified in
this article, including that portion to be borne by general tax, and
in anticipation of the collection of taxes, the common council shall
issue certificates of indebtedness or revenue bonds in anticipation
of such respective amounts and payable at such respective times, not
exceeding five years from the date of issue, as the common council
may deem advisable, with interest not exceeding 6% per annum.
(b) Such certificates of indebtedness or revenue bonds shall be sold
to the highest bidder for cash, at not less than par value.
Notice of such sale shall be published once a week for three
successive weeks in such newspaper, or as the common council may designate.
|
(c) The certificates of indebtedness or revenue bonds shall be signed
by the mayor and city auditor and countersigned by the city clerk.
[1971 Charter Laws, § 337B; L.L. No. 3-1979, § V;
L.L. No. 1-1987, § V]
If bonds are to be issued to finance improvements specified
in this article, the assessments which are to be levied for the purpose
of paying the expense of such improvement shall be payable in five
annual equal installments with the option and privilege to such owner
or occupant to pay the whole of such taxes so assessed without interest
within 30 days from the time of the completion of the assessment roll.
Such option or privilege may also be exercised at the time when any
installment becomes due, provided that the owner pays in addition
the whole amount of interest that would accrue if the owner paid the
whole of such assessments in equal annual installments.
[1971 Charter Laws, § 337C; L.L. No. 3-1979, § VI;
L.L. No. 1-1987, § VI]
(a) After correction and confirmation of an assessment under this division,
the corrected or confirmed assessment shall be a lien and charge upon
the property as provided in this section. The portion thereof to be
paid by the property owner shall become a lien upon the property as
provided in this division.
(b) The common council shall cause the assessment levy to be collected
in the same manner as is provided for the collection of other taxes
in the city, except as otherwise provided. Immediately after the correction
and confirmation of such assessments, the common council shall cause
the warrant for the collection of such 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, that
such taxes or any installment thereof may be paid to him for 30 days
without fee, 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 clerk shall then proceed
according to such notice. Such delinquent taxes shall be subject to
the same fees and penalties as delinquent taxes on the city tax roll.