[HISTORY: Adopted by the Council of the City of Rye 7-16-2003 by L.L. No. 4-2003. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- LOCAL IMPROVEMENT
- Any improvement, work or benefit, whether done by the City with its own employees or by contract, the cost of which, or part thereof, is to be borne by the property benefited, or its owner.
[Amended 5-19-2004 by L.L. No. 1-2004]
Resolution to initiate local improvement. The City Council may by resolution provide for the undertaking of a local improvement. The Council shall by resolution determine initially the property to be benefited by said local improvement and shall order a public notice to be published once in the official newspaper of the City. The notice shall be published in the official newspaper of the City not less than 10 days and not more than 30 days prior to the public hearing.
Petition to initiate local improvements. Upon a petition filed with the City Clerk requesting that the City undertake a local improvement, duly signed and authenticated by the property owners who own more than 66 2/3% of the lots and parcels which would benefit by the requested local improvement, the Council may by resolution provide for the undertaking of such local improvement as provided for in this chapter.
The public notice shall generally describe the nature of the proposed local improvement, and shall also generally describe the area deemed to be benefited by said local improvement. The notice shall further specify the time, date and place of the public hearing to be held before the City Council.
Before the City shall undertake any project the cost of which, or part thereof, is to be borne by the property benefited or its owner, the City Council shall hold a public hearing after public notice as hereinabove provided. Upon such hearing, the City Council shall hear the objections of interested parties and may adjourn from time to time to complete such hearing. After such hearing, the City Council may make such changes, additions or omissions as it deems proper in the proposed local improvement, without the necessity of a further hearing, and may by resolution direct the commencement of said local improvement either by City forces or by contract.
The City Council shall, in its resolution authorizing and directing the undertaking of said local improvement, state the estimated cost of said improvement and establish the manner and method of determining the proportionate share of all or part of the cost to be borne by the property benefited, and the portion, if any, to be borne by the City as a whole.
The benefit of the local improvement may be determined on the basis of:
The lineal front footage of the lots and parcels benefiting from the local improvement;
The area of the lots and parcels benefiting from the local improvement;
The assessed value of the lots and parcels benefiting from the local improvement;
The “unit method”: equally divided among the number of lots and parcels benefiting from the local improvement; or
A combination thereof.
Upon the completion of any local improvement, the City Comptroller shall certify to the City Council the part of the total cost of such improvement, the amount to be assessed against the property benefited, with the exception of the property which may have already paid its proper share of such improvement, which such property shall be briefly described by name or number, in accordance with the resolution of the City Council authorizing and directing the undertaking of said local improvement. The City Comptroller shall also certify to the City Council the part of the total cost of such improvement, if any, chargeable to the City.
Within 30 days after certification of the cost of the improvement, the City Assessor shall submit a special assessment roll to the City Council, which shall describe each lot and parcel benefiting from the local improvement and show the name or names of the reputed owners thereof and the aggregate amount of the assessment to be levied upon such lot or parcel of land.
The City Council shall thereafter fix a time of hearing thereon and shall cause notice thereof to be published in the official newspaper of the City. The notice shall be published not less than 10 days and not more than 30 days prior to the public hearing. The City Council shall, so far as practicable, cause notice to be mailed to each person appearing on such assessment roll at the time of such publication.
Upon the hearing of the assessment roll, the City Council shall hear the objections of the interested parties and may adjourn from time to time to complete such hearing. The City Council may alter and amend said assessment roll in its discretion. When the City Council shall deem the assessment roll to be correct, it shall confirm the same.
Upon the confirmation of the assessment roll, the amount assessed against each parcel of real property shall become and be a first lien upon such parcel or real property until paid. Every such assessment shall be collected by the City Comptroller in the same manner as taxes are collected, and as is hereinafter provided, and the amount thereof shall be expended only for the purpose of paying for such improvement or of repaying money borrowed on account of same.
Following the confirmation by the City Council of any assessment for local improvements, the City Council may provide that the assessments may be paid in equal annual installments, to be collected in the same manner as provided for the collection of City taxes. When such assessments are paid in installments, the first installment and interest at 6% per annum, or at such rate as may be fixed by the City Council by resolution, on the full assessment from the date of confirmation of the assessment roll to the date of payment on the first installment, shall be paid on the first day of February following the confirmation of the roll, and the first day of February thereafter shall be the anniversary date of payment of the remaining installments, with accrued interest, in succeeding years. Interest at the rate of 6% per annum, or at such other rate fixed by the City Council by resolution, on all unpaid principal balances shall be paid annually on such anniversary dates.
In the event that the owner of the assessed premises shall become delinquent in the payment of any installment on the assessment, the amount in default shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties, in addition to the aforesaid accrued interest, and have the same lien effect upon the property, as the general City tax and as part thereof. After the confirmation of the assessment of a local improvement by the City Council, the City Clerk shall attach to the roll a warrant signed by the Mayor for the collection of the assessment or the first installment, if payment is permitted in installments, and deliver the same to the City Comptroller, who shall proceed in the same manner as relates to the collection of City taxes. The remaining installments, as due, shall be extended in a separate column on the tax roll and shall be payable and collected in each successive year thereafter under the same tax roll and included in the same warrant for the collection of City taxes.
Any assessment may be paid in full at any time prior to maturity with accrued interest from the date of confirmation to the date of payment.
There is hereby established a special fund, which shall be under the supervision and control of the City Comptroller, into which the proceeds of any financing and the assessments collected for local improvements shall be paid for any improvement financed through such fund as hereinafter provided. The City Council may determine, by resolution, that the financing of the construction of any improvement heretofore or hereafter authorized, including the acquisition of any land or any right in the land therefor, which shall be paid completely by assessments upon the property benefited or partially by assessments upon the City, shall be through the aforesaid special fund. The City Council, upon the completion of any such improvement or at any time prior thereto, may determine to issue, pursuant to the Local Finance Law, the obligations of the City in such an amount as said Council may estimate to be sufficient to pay the entire cost of any such improvement.