City of Rochester, NY
Monroe County
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Table of Contents
Table of Contents
[§ 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L.L. No. 4-1945; L.L. No. 10, § 2-1956; L.L. No. 12-1957; L.L. No. 4-1966; L.L. No. 12-1972; §§ 2, 3, L.L. No. 17-1981; repealed by L.L. No. 2-1992]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.