[Adopted 9-17-1975 as L.L. No. 2-1975]
Upon the petition of property owners who own more than 75% of the lineal front footage of land abutting on any private street or section of a private street, the City Council shall have the power to cause such street or section of a private street to be improved, and the expense of such street improvement, including sewer, storm drain, curbs and sidewalks, shall be assessed, levied and collected from the owners of the several lots and parcels of land benefited thereby as herein provided.
Upon receiving the petition, the City Council shall conduct a public hearing on the petition for the proposed street improvement. If the City Council shall determine to make such improvement, it shall direct the improvement to be made. The City Engineer shall keep an itemized account of the expenses and other necessary costs for the street improvement, including sewer, storm drain, curbs and sidewalks, and file a certified statement of such costs and expenses with the City Comptroller.
The expense of the street improvement, including any preliminary expenses and borrowing costs, shall be apportioned and assessed upon the lots and parcels of land abutting the street in proportion to the benefit which each lot and parcel of land will derive therefrom, which shall be on the basis of the lineal front footage of the property. The City Council may determine that a portion of the cost of the improvement shall be borne by the City.
After the completion of the street improvement, the City Comptroller shall determine all of the costs and expenses of the street improvement and fix the amount chargeable to the City and the amount chargeable to the owners of the lots and parcels of land abutting the improved street and furnish such information to the City Assessor. Within 30 days after the completion of the street improvement, the City Assessor shall prepare a special assessment roll, which shall describe each lot and parcel of land abutting the said street 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.
Upon completion of such assessment roll, the City Assessor shall cause to be published in the official newspaper of the City a notice subscribed by him, stating that the said assessment roll has been completed and will remain in the office of the City Assessor for inspection by all persons interested therein for five business days next following the day of publication. Upon a day no later than the day of publication of said notice, the City Assessor shall cause a copy of said notice to be mailed to each of the persons whose names shall be entered upon such roll. At the expiration of said five days, the City Assessor shall submit such assessment roll to the City Council.
After the receipt of the special assessment roll, the City Council shall hold a public hearing thereon upon at least 10 days' notice prior to the hearing, published in the official newspaper of the City, at which any person interested may present objections to the confirmation of the assessment roll. The City Council may make changes in such roll, and it shall confirm the assessment roll. It shall levy the sum apportioned and assessed upon each lot and parcel of land and cause the assessment levy to be collected in the same manner as provided for the collection of City taxes, except as herein otherwise provided.
The City Council, upon confirming the assessment roll, may provide that the assessments may be paid in not more than 10 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 other 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 as may be fixed by the City Council by resolution, on all unpaid principal balances shall be paid annually on such anniversary dates. The owner of any premises assessed may pay any or all installments remaining unpaid, with accrued interest thereon, at any time prior to the due date of any installment. In the event that the owner of the assessed premises shall become delinquent in the payment of his assessment or any installment thereof, 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 special assessment roll 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.
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 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.