A.
The Common Council may by resolution authorize or direct the making
of any improvement which it is empowered or required by law to make.
In any resolution authorizing or directing the making of any improvement,
or in any subsequent resolution, the Common Council shall have power
to provide that the whole of the expense of any such improvement shall
be borne by the city at large; or, subject to the limitations provided
by law, that the whole or a part or portion of such expense (which
portion shall be specified in such resolution) shall be assessed upon
the property deemed benefited.
B.
No expenditures for any improvement in said city, the expense of
which is to be defrayed wholly or partially by assessment upon the
property deemed benefited, shall be incurred, unless the Common Council
shall first by resolution declare its intention to make such local
improvement and give notice thereof as provided by § C5-3
of this Charter, which declaration shall be made without preliminary
petition for or consent to such improvement.
After the Common Council shall have declared its intention to
make any improvement, except as to sewers, before ordering the same
done, the Common Council shall establish a district of assessment,
which shall contain all the property which in the judgment of the
Common Council is likely to be benefited by such improvement, and
may at any time enlarge said district, and cause notices served upon
all persons within such enlargement as provided by § C5-3
of this Charter.
If a district of assessment has been established, then upon
the passage of a resolution of the Common Council declaring its intention
to make an improvement, the expense of which is payable wholly or
partly by assessment, the City Clerk-Treasurer shall prepare and sign
a written notice of the proposed improvement, specifying therein the
time during which any person interested may file his objection thereto
with the City Clerk-Treasurer, which time shall not expire before
the next regular meeting of the Common Council, and that in case no
objection is filed within the time specified, all persons interested
will be deemed to have acquiesced in the proposed improvement. Such
notice shall either be published at least once in the official newspaper
of the city at least ten (10) days before the expiration of the time
for objection thereto, or shall be served upon each such owner of
property within the district of assessment fixed for such improvement,
as follows: by delivering to him personally a copy thereof or by leaving
a copy thereof at his residence in said city with some member of his
family or some person of suitable age and discretion, or if he resides
elsewhere, by service as above described on his agent or other person
having the property in charge, or by depositing it in the post office
properly enclosed and the postage prepaid thereon, directed to such
owner at his last known place of residence. If there be two (2) or
more owners of any one piece of property, service on any one (1) of
them shall be sufficient notice to the owners of such piece of property.
Affidavits of the service and publication of such notice shall be
filed in the office of the City Clerk-Treasurer and the affidavits
or record thereof, or a certified copy of either, shall in all courts
and places, actions or proceedings be prima facie proof of the facts
stated therein.
Objections to such improvement must be made in writing and filed
with the City Clerk-Treasurer within the time specified in such notice,
and the Common Council may, at any regular meeting within two (2)
months after the expiration of such ten (10) days, subject to the
Mayor's veto as in other cases, order the improvement to be made.
Upon the completion of such improvement, the Common Council
shall assess so much of the portion of such expenses as are not payable
by the city at large upon the property lying within the district of
assessment established for such improvements, if one has been established,
and if not, then in a proportion equal to the ratio of the frontage
to the total frontage affected by such improvement. Except as herein
otherwise provided, the cost or expense of any local improvement shall
be deemed to include the entire expense thereof, including inspection.
The City Clerk-Treasurer or City Assessor, whichever shall be
designated by the Common Council, shall make out an assessment roll
and a duplicate thereof, both of which shall be deemed originals,
and set the amount of the tax assessed opposite the name of the person,
corporation, association or property assessed, and shall leave the
said rolls at the office of the City Clerk-Treasurer, and thereupon
give public notice in the official newspaper, once in each week for
two (2) successive weeks, and by posting a copy of said notice in
two (2) public places in said city, that such assessment rolls have
been prepared and will remain at the office of the City Clerk-Treasurer
for the term of fifteen (15) days from the date of such notice, during
which time any person interested may examine said rolls, and at the
expiration of fifteen (15) days, and on the day and hour and at the
place to be specified in such notice, a quorum of the Common Council
will attend and hear any objections to said assessment and proceed
to confirm the same. At the time and place named in said notice, or
at any other time or place to which the Common Council may from time
to time adjourn said hearing, any person interested may appear before
the Common Council and apply to have said special assessment roll
altered or corrected as he may deem just. After hearing all such applications,
the Common Council may proceed to make such alterations and corrections
in said special assessment roll as it may deem just, and when completed,
shall by resolution confirm the same, and shall thereupon sign said
roll and file it with the City Clerk-Treasurer. The said assessment
shall thereupon be and become final and conclusive upon all parties
interested.
The Common Council may, at the time of declaring its intention to make such improvement, as provided in § C5-1B of this Charter, or at the time of the confirmation of the said assessment, as hereinbefore provided, determine by resolution that the said assessment may be paid either in five (5) equal installments or in such annual installments as would be equivalent to the annual payments of principal and interest made by the city upon any indebtedness which the city has incurred for the purpose of financing the amount of the cost of such improvement assessed against the land deemed benefited, and the amortization period of such amount shall continue for the same length of time as the amortization period on the city's indebtedness. If the Common Council shall determine to permit the payment of said assessment in installments, it may provide either for the payment of the first installment according to the provisions of § C5-8 following or that the same shall be collected at the time of the collection of the next city tax thereafter, and the remaining annual installments at the time of the collection of city taxes; and the City Clerk-Treasurer shall insert in the assessment rolls for city taxes for such years the amounts of such installments as they become due in each of such years, together with the amount of such installments in arrears, if any, and shall collect the same, with the interest due thereon, at the same time and in the same manner as provided for the collection of city taxes, and the warrant attached to such roll shall provide for the collection of such installment or installments. Whenever payment of such assessment is permitted to be made under the five-equal-annual-installment plan, as herein provided, each installment, except the first, shall bear interest at the rate of not less than six per centum (6%), to be estimated from the day following the expiration of the forty (40) days allowed in the collection of said first installment, such interest to be in addition to the fee, percentage or interest provided for in § C6-17 of this Charter, provided, however, that the owner or owners of any parcel of land or real estate, franchises, right-of-way, easement or other property affected by said assessment may pay any or all installments remaining unpaid, with accrued interest, fee or percentage, at any time; and, if any such installments, including the first, shall not be paid within the period of forty (40) days as provided in § C6-17 of this Charter, the remaining installments of the amount assessed against said parcel of land, real estate, franchise, easement, right-of-way or other property, together with any accrued interest, fee or percentage, shall immediately become due and payable and may be collected in the same manner as is provided in this Charter for the collection of county or city taxes by sale.
The Common Council shall, provided that it determines that the
whole of said assessment or the first installment thereof shall be
immediately collected, cause the proper warrant to be attached to
one (1) of said assessment rolls, and to the other a copy of such
warrant. Said warrants shall be signed by the Mayor, or a majority
of the members of the Common Council, and delivered to the City Clerk-Treasurer.
Whenever the assessment roll and the warrant for its collection for
any improvement shall be left with the City Clerk-Treasurer, he shall,
as Collector of Taxes, receive the amount of the assessment thereon,
or the amount of the installment if such assessment be collectible
in installments, for the same time, and with the same fees as directed
herein for the collection of city taxes, and shall give notice to
that effect immediately upon receipt of said assessment roll, by publication
thereof in the official newspaper of the city, in the same manner
and for the same time as provided herein for the collection of city
taxes. If any such assessment or installment, as the case may be,
shall remain unpaid at the expiration of six (6) months from the time
of the delivery of said assessment roll and warrant to the City Clerk-Treasurer,
the City Clerk-Treasurer, as Collector of Taxes, shall make a return
of his warrant to the Common Council, which shall proceed in the same
manner directed in this Charter for the collection of county or city
taxes by sale. The whole amount of any such assessment shall be a
lien upon the lands, real estate, franchise, easements and rights-of-way
so assessed from the day of the confirmation of the same by the Common
Council. The Common Council may, in its discretion, sue for and recover,
in a civil action, of the owner any sum which shall remain unpaid
after the expiration of six (6) months from the date of the attachment
of the warrant to the assessment roll.
The proceeds from the collection of the installments of any
assessment shall constitute a fund for the purpose of paying the expense
of the improvement for which the assessment was levied and the portion
of such obligations which shall have been applied to the financing
of the share of the expense of such improvement which was assessed
upon the property benefited.
Whenever the Common Council shall intend to lay out, alter,
widen, extend, contract or discontinue any street, lane, alley, highway
or public grounds in said city, and the lands of any person or corporation,
or any right or easement therein, will be necessary for that purpose;
and whenever the Common Council shall intend to acquire lands, rights
or easements therein for any other purpose mentioned in this Charter,
it shall cause the same to be surveyed and monuments placed showing
the line thereof, and a map of the same to be made, showing the location
and depth, if underground, of all utility installations, which shall
be filed in the City Clerk-Treasurer's office, and a copy thereof
to be filed in the County Clerk's office, showing upon such map the
lots, tracts and parcels of land and rights or easements therein which
are deemed necessary to be taken, and the commencement, course and
termination of the street, lane, alley, highway or park proposed to
be laid out, widened, extended or altered, or other work or improvement
proposed to be made in or through the land so to be taken. And for
that purpose the Common Council and those acting by its direction
shall have power to enter upon any grounds in said city. The Common
Council shall then declare, by resolution, its intention to take and
appropriate the said property for the proposed improvement, and thereafter
it may purchase the land or right or easement therein deemed necessary
of the owner or owners thereof, and make him or them such compensation
as it shall judge reasonable, upon receiving from such owner or owners
a conveyance thereof to the city. In case the Common Council is unable
to agree with the owner or owners for the purchase of any real estate
or lands or right or easement therein required for the purpose aforesaid,
it shall acquire the same by condemnation proceedings under the provisions
of the Eminent Domain Procedure Law of this state.
After such damages shall have been ascertained and determined,
said Common Council shall declare a district of assessment therefor,
and shall then direct the commissioners making the award to assess
the amount awarded for damages, with the commissioners' fees, specifying
the aggregate amount of the same, upon the property within such district
of assessment. The commissioners shall proceed to assess such amount
upon the property benefited by such improvement in a just and equitable
manner as near as may be in proportion to the benefits received; such
assessment shall be made in the same manner as other local assessments,
except that such commissioners shall direct such part of said expenses
to be assessed upon the city, and such part locally, as they shall
deem just; the powers and duties of the commissioners shall be the
same as those of assessors. When the assessment roll shall be filed,
the same proceedings shall thereupon be had, and the Common Council
shall possess the same powers in reference thereto and proceed in
the same manner as hereinbefore provided with reference to other assessments.
When there are infants or other incompetent persons, owners whose
property is affected by any such improvement, the County or Supreme
Court, or a Judge or Justice thereof, may, on application, in behalf
of such infants or incompetent persons appoint guardians ad litem
to protect their interests and prosecute appeals.
Immediately after the final determination of all proceedings
in which any award shall have been made, the Common Council shall
cause to be paid or tendered to the respective owners the amount awarded
to each, respectively, less any sum which shall have been assessed
against them for any benefits on account of such improvement. In case
any such owner shall refuse the same, or be unknown, or nonresident
of the city, or for any reason be incapacitated from receiving the
amount, or the right thereto be disputed or doubtful, the Common Council
may make payment of the portion to the Commissioner of Finance of
the County of Orange and file a statement of facts and circumstances
in each case, and a transcript of the report of the commissioners
relating to the ascertainment of the amount so paid in, with the Clerk
of Orange County. Upon such payment or tender, or payment's to the
Commissioner of Finance being fully made, the fee of the land shall
be vested in the city.
The Common Council shall have the power to enter upon any lands
or grounds in the city and appropriate such property for the purpose
of conveying off any stagnant or surface water within or throughout
the city, and thereafter may purchase from the owner or owners thereof
the land or right or easement, whenever deemed necessary, and make
him or them such compensation as it shall deem reasonable and just,
upon receiving from such owner or owners a conveyance thereof to the
city. In case the said Common Council is unable to agree with the
owner or owners for the purchase of any real estate or land or right
or easement required therein for the purpose aforesaid, it shall acquire
the same by condemnation proceedings under the provisions of the Eminent
Domain Procedure Law of the state, proceeding in the same manner as
obtaining lands for street purposes elsewhere specified in this Charter.
It shall be the duty of the owners and occupants of lands fronting
on or adjoining any of the streets or avenues in said city to construct
and keep in repair the sidewalks, curbs and gutters in front of their
respective lots, in such manner, at such times and of such material
as the Common Council may, by a resolution, ordinance or local law
for that purpose, direct.[1] Whenever the Common Council shall deem it necessary that
any sidewalk, curbstone or gutter be made, constructed, reset, relaid
or repaired, it shall prescribe, by resolution, ordinance or local
law, the width and length of the sidewalk, the material to be used,
the form and manner of the construction of the sidewalk, curbstone
or gutter and the time within which the work shall be done. Such improvements
shall conform to the grade established, or to be established before
which improvements are made. The Common Council shall cause to be
served, at least twenty (20) days before the expiration of the time
so specified for such work to be done, upon the owners or occupants
of the land adjoining such sidewalk, curbstone or gutter so to be
improved as aforesaid, a copy of such resolution, ordinance or local
law, with a notice that if the same is not done within the specified
time by the owner or occupant of the adjoining land, it will be ordered
done by the said Common Council, and the cost thereof charged as hereinafter
provided. Such notice shall be served upon such owner or occupant
by delivering a copy thereof to him personally, or by leaving the
same in his absence with some person of suitable age and discretion
residing with him, if he be a resident of the city, or otherwise on
his agent or other person having charge of the property, or by depositing
the same in the post office, properly enclosed and the postage prepaid
thereon, and directed to such owner at his last known place of residence;
in case such owner or his place of residence is unknown and there
be no resident agent or occupant to the knowledge of the Common Council,
such service may be made by affixing a copy of such local law, ordinance
or resolution and notice upon a conspicuous part of the premises.
The Common Council shall also, in case service of such notice shall
be otherwise than personal, cause a copy of such resolution, ordinance
or local law to be published at least once in the official newspaper
of said city at least fifteen (15) days before the expiration of the
time specified for such work to be done. If there be two (2) or more
owners of any one piece of property, service upon one (1) of them
shall be sufficient. Affidavits of the publication and service of
such resolutions, ordinances or local laws shall be filed and recorded,
in the office of the Clerk-Treasurer of said city, and the affidavits
or the records thereof, or a certified copy of either, shall in all
courts and places, actions and proceedings be prima facie evidence
of the facts therein stated. In case any such improvement, act or
thing so required shall not be made, done or completed as required
within the time specified, the Common Council shall have power to
make, do or complete the same, and having done so, shall, without
giving an further or other notice, upon affidavit of the Director
of Public Works, showing the actual expense thereof, which affidavit
shall be made and filed with the City Clerk-Treasurer, proceed to
assess upon each parcel or lot of land the expense of the sidewalk,
curbstone or gutter immediately adjoining it, which assessment shall
be final and conclusive upon all persons and parties interested in
said real estate or affected thereby, and the amount so assessed,
together with interest thereon, as herein stated, shall be a lien
on the lands and premises against which such assessment has been made.
Thereupon the Common Council shall cause to be sent to the owner of
said property, if his address be known, an itemized statement of the
expense of such improvement, and if such expense is not paid to the
City Clerk-Treasurer within thirty (30) days, the amount thereof,
with interest at the rate of twelve per centum (12%) per annum from
the time of sending such statement, shall be added to the amount assessed
against such land for the next general city tax, and the whole amount
of such assessment and interest shall be collected in the same manner
and with the next general city tax. If any such assessment shall remain
unpaid at the expiration of six (6) months from the time of delivery
of said assessment roll and warrant to the City Clerk-Treasurer, the
Common Council may proceed in the same manner directed in this Charter
for the collection of county or city taxes by sale. The Common Council
may also, in its discretion, sue for and recover in a civil action
of the owner any sum which the city may have paid in making such improvement.
The gutters in those portions of streets paved shall be kept in repair
at the expense of the city. Whenever the grade of any sidewalk has
been established by said city and recorded, and has been conformed
to by the owner of such property, any change of grade thereafter made
by the city shall be made at the expense of the city.
Every tax and assessment imposed under any of the provisions
of this Article shall be a lien upon all real estate against which
the same shall be assessed, from and after the filing of such assessment
roll. No clerical or immaterial error shall invalidate said assessment
roll or the assessments therein. In case any tax or assessment shall
be void or shall have failed for want of jurisdiction and for any
irregularity in the levying or assessing thereof under this title,
the Common Council shall have power, and it shall be its duty, to
cause the same to be reassessed in a proper manner; if any person
shall have paid on a former assessment the same shall be credited;
or in case the payment exceed the amount assessed, the surplus shall
be refunded. In case the amount assessed for any improvement shall
not be sufficient to defray the expenses of such improvement, the
Common Council shall cause the amount of the deficiency to be assessed
as hereinbefore provided.
