[§ 183, L.L. No. 4-1925 as added by L.L. No. 1-1940; as amended
by L.L. No. 4-1945; L.L. No. 10, § 2-1956; L.L. No.
12-1957; L.L.
No. 4-1966; L.L.
No. 12-1972; §§ 2, 3, L.L. No. 17-1981; repealed
by L.L. No. 2-1992]
[§ 203, c. 755, L. 1907]
If it is alleged that in the proceedings
relative to a public improvement or work for which a local assessment
is levied, or in the proceedings relative to the levying and making
of the assessment therefor, or in any of the proceedings relative
to a local assessment, there was any fraud or substantial error by
reason of which the amount of such assessment is in excess of the
amount which ought to have been lawfully levied or assessed upon all
the lands in the territory of assessment or any lot or parcel of land
therein, or that there was a lack of jurisdiction to levy and assess
the whole or any part of said assessment, any party or parties aggrieved
thereby may, within 60 days after the confirmation of the assessment
roll, present a petition in writing, duly verified, to the Supreme
Court at special term, or to a judge thereof, or to the County Court
of Monroe County or the County Judge of Monroe County, asking to have
the assessment vacated or reduced, and the court or judge thereupon,
upon notice to the Corporation Counsel, may forthwith proceed to hear
the proofs and allegations of the parties or may direct the same to
be heard before a referee, or may direct that any issue of fact be
tried before a jury. If, after such hearing, it is finally determined
that there was fraud or substantial error or lack of jurisdiction
as hereinbefore specified, the court may reduce the entire assessment
or any part thereof, or may vacate and set aside the entire assessment
or any part thereof.
[§ 203, c. 755, L. 1907]
Either the City or any party interested
may appeal from the final order of the court or judge thereof upon
any proceedings in relation to local assessment taken under this act,
at the same time and in the same manner as an appeal from an order
in a civil action.
[§ 203, c. 755, L. 1907]
Two or more persons may unite in
commencing proceedings in relation to local assessments under this
act, and when separate proceedings to vacate or reduce assessments
have been commenced for the same public improvement or work, the court
or judge before whom the same were commenced or are pending, or where
some are commenced in the Monroe County Court and some in the Supreme
Court, the Supreme Court at special term or a judge thereof at chambers,
may make an order consolidating such separate proceedings into one
proceeding.
[§ 203, c. 755, L. 1907]
Every local assessment is final and
conclusive unless reviewed as provided in this act, and may not be
vacated or reduced or set aside, or the lien thereof declared illegal
or void or set aside, or a sale of property thereunder be declared
illegal or void or restrained, or a deed or certificate given upon
a sale thereunder be declared illegal or void, or any moneys paid
on account of or because of said assessment be recovered back or refunded,
unless proceedings to vacate or reduce such assessment are taken as
provided in this act.
[§ 203, c. 755, L. 1907]
No action may be brought to recover
money from the City of Rochester paid upon or upon account of a local
assessment, until such assessment has been set aside or reduced as
provided in this act and one year thereafter has elapsed.
