[Adopted 6-14-1999 by L.L. No. 4-1999]
It is hereby determined by the Dutchess County Legislature that
the creation of a Board of Benefit Assessment Review and the enactment
of procedures for the preparation and adoption of benefit assessment
tax rolls for zones of assessment in the Dutchess County Water District
and Dutchess County Part County Sewer Districts is in the best interests
of the citizens of Dutchess County.
The Dutchess County Board of Benefit Assessment Review is hereby
created.
The Dutchess County Board of Benefit Assessment Review (DCBBAR)
shall consist of five members, who shall all be Dutchess County Legislators
during the time they serve. Members shall be appointed by the Chair
of the Legislature for terms of two years each. At least one member
shall be from the minority caucus. A quorum of three members shall
be required to conduct business, except a lesser number may adjourn
a meeting. The Board shall select a Chairperson and Secretary and
establish rules of procedure not inconsistent with this article.
[Amended 7-12-2004 by L.L. No. 3-2004]
The Dutchess County Water and Wastewater Authority shall be
responsible for the preparation of all tentative assessment rolls
for each zone of assessment in the Dutchess County Water District
and for each Dutchess County Part County Sewer District and shall
make such amendments, corrections or adjustments as may be directed
by the DCBBAR.
[Amended 7-12-2004 by L.L. No. 3-2004]
The Dutchess County Water and Wastewater Authority prior to
September 15, in each year, based upon the status of properties as
of the previous March 1, shall file with the DCBBAR for each zone
of assessment and each Part County Sewer District an estimate of debt
service expenditures and revenue needs together with a tentative benefit
assessment roll which shall describe each lot or parcel of land in
such manner that the same may be ascertained and identified and shall
show the name or names of the reputed owner or owners thereof and
the aggregate amount of the assessment levied upon such lot or parcel
of land. A copy of each such roll shall be filed with the Clerk of
the Legislature for public inspection. Notice of such filing, with
details of the hours and place where it may be inspected, shall be
published in the official newspapers of the County at least five business
days prior to the first grievance meeting.
The DCBBAR shall meet and hear objections to each such roll
at such times and places as it shall determine to hear and consider
all grievances that may be filed. Notice of each such hearing, stating
the date, hours and place, shall be published in the official newspapers
of the County at least five days prior to the date of the meeting.
The first such meeting shall be held not later than the 15th day of
October in each year. Grievances must be made on forms provided by
DCBBAR, which shall be available in the office of the Clerk of the
Legislature. Any person who shall have filed a grievance form on or
before the date set for hearing grievances may appear in person to
voice his/her grievance. The Board may adjourn any such meeting from
time to time to provide an opportunity for all grievances to be heard.
The date, place and time of any such adjourned meeting or meetings
shall be announced publicly prior to adjournment. In addition, notice
shall be given to the media in accordance with the Open Meetings Law.[1] Only those persons who shall have initially filed a grievance
form and appeared, but not been heard, shall be entitled to be heard
at any adjourned meeting.
[1]
Editor's Note: See Public Officers Law Art. 7, § 100
et seq.
Upon completion of the grievance hearings, the Board of Review
shall meet and consider all objections made to each roll; and after
careful review, the Board shall make a determination on each grievance.
A majority of the entire membership shall be required to make a determination.
Copies of all determinations shall be filed with the Clerk of the
Legislature on or before November 1. Notice of each determination
shall be give to each property owner who filed a grievance.
Upon completion of its review and the determinations made as
a result thereof, the Review Board shall direct the Water and Wastewater
Authority to prepare a final roll with any amendments, adjustments
or corrections made by it and shall file said roll with the Legislature,
together with a report of its determinations on or before December
1.
The Legislature shall, prior to December 31, adopt each roll
and levy the benefit assessments provided therein.
Any property owner who shall have filed a grievance in accord with the procedures provided herein, and whose request for relief shall have been either totally or partially denied, shall be entitled to bring a proceeding in Supreme Court, Dutchess County, to review said determination pursuant to Article 78 of the New York Civil Practice Law and Rules. The time within which any such proceeding may be commenced shall start to run from the date the grievance board's determination is filed with the Clerk of the Legislature as provided in § 7-32 herein.
This article supersedes § 271 of the County Law and
all provisions of Article 5-a of the County Law to the extent it is
in conflict therewith.
This article shall take effect upon filing in the Office of
the Secretary of State and shall be applicable for benefit assessment
rolls for the year 2000 and after.
