[HISTORY: Adopted by the Board of Trustees of the Village
of Airmont 1-7-2013 by L.L. No. 6-2012.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was originally adopted
as Ch. 92 but was renumbered to maintain the organization of the Code.
Whenever an owner of property is required by any provision of
this Code to make an improvement, perform any work or do any act on
such property in the interest of public safety, health, comfort and
general welfare and such owner shall fail to make the improvement,
perform the work or do the act required and the Board of Trustees
of the Village of Airmont shall cause such improvement, work or act
to be done on such property or a contract has been awarded therefor,
the cost of such improvement, work or act may be assessed, levied
and collected pursuant to the procedure set forth in this chapter.
A.
Whenever the Village shall have undertaken any improvement, work or act described in § 174-1 or caused such to be done and neither the owner of such property nor a tenant in possession thereof has paid to the Village the cost of said improvement, work or act within 30 days of the mailing of a bill therefor, the Village Clerk shall report to the Board of Trustees:
(1)
That the Village has undertaken such improvement, work or act;
(3)
The date upon which a bill for such improvement, work or act was
mailed to the owner of the property and any tenant in possession thereof;
and
(4)
The fact that more than 30 days have elapsed since such bill was
mailed and no payment or only a partial payment therefor has been
received.
B.
Upon receiving such report of the Village Clerk, the Board of Trustees
shall hold a public hearing, on at least 10 days' notice by publication
and by first-class mail to the record owner of the property, to receive
public comment on whether to assess such cost against the property.
C.
The Board of Trustees may thereafter assess the cost of the improvement,
act or work against the subject property by directing the Village
Clerk to enter such special assessment as a levy against the real
property and to collect such special assessment pursuant to the procedures
set forth in § 5-518 of the Village Law.
D.
The Village Clerk shall, within five days of such resolution of the
Board of Trustees, notify the property owner of the assessment and
that such special assessment shall be collected pursuant to the procedures
set forth in § 5-518 of the Village Law.
A.
The Village Board may, upon the petition of property owners who own
more than 75% of the lineal front footage of land abutting any street,
within any development or otherwise contiguous, cause such street,
land within a development or contiguous land to be replaced, repaired,
maintained or improved, and the expense of such repair, replacement,
maintenance or improvement, including sewers, storm drains, storm
management, erosion controls, curbs, sidewalks and other improvements,
shall be assessed, levied and collected from the owners of the several
lots and parcels of land benefited thereby.
B.
The Village Board has determined by resolution that the October Hill
Drainage and Emergency Service Special Benefit Assessment District
shall be established within the Village for stormwater management
and water retention basin maintenance, repair and improvement for
certain benefited properties. The Village Clerk shall, each year,
with the annual tax levy, include a special assessment for the October
Hill Drainage and Emergency Services Special Benefit Assessment District
for the projected annual maintenance and repair for such district
and, from time to time, such other assessments as the Village Board
deems necessary and appropriate.
The cost to the Village of any improvement, work or act referred
to in this chapter shall include each and every cost incurred by the
Village in connection therewith, whether in the form of payment to
an outside contractor or the value of the services of a Village employee,
including but not limited to the actual cost of the improvement, work
or act; the cost of any engineering, legal or other professional services
associated therewith; any costs incurred in imposing the assessment,
such as publication and stenographic recording of the public hearing;
plus a surcharge of 25% for administration and supervision.
