City of Auburn, NY
Cayuga County
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Table of Contents
Table of Contents
The term "local improvement" shall mean any improvement, work or benefit, whether done by the City under the direction of the City Manager or by contract, the cost of which, or part thereof, by this Charter, by ordinance of the Council, or otherwise by law, is to be borne by the abutting property, or the property benefited, or its owner.
If not otherwise provided by ordinance, after the completion of any local improvement, the Council shall by resolution certify to the Assessor the part of the total cost of such improvement to be assessed against the abutting property, or the property benefited, with the exception of the property which may already have paid its proper share of such improvement, which such property shall be briefly described by name or number.
Preparation of assessment roll. Upon receipt of such resolution, the Assessor shall forthwith proceed to assess the amount directed upon the real property adjoining or abutting upon such improvement, or the property benefited, as the case may be, including all real property otherwise exempt from taxation, whether owned by charitable, benevolent, religious or educational corporations, boards or societies, or persons, but excluding any property which the Council, or the City Manager, shall certify has paid its proper share, and shall make and subscribe an assessment roll thereof.
Public hearing; notice. Upon completion of such assessment roll, the Assessor shall fix a time of hearing thereon and shall cause notice thereof to be published at least twice in a daily paper of the City, such first publication being not less than five days before the day of hearing, and shall, so far as practicable, cause notice thereof to be mailed to each person appearing on such tentative roll at the time of the first publication.
Conduct of hearing; corrections or changes; filing; rehearing. Upon such hearing, the Assessor shall hear the objections of interested parties and may adjourn from time to time to complete such hearing. After such hearing he or she shall make such corrections, changes and additions as appear to him or her fair and correct and complete and verify such roll and file the same with the City Manager for his or her approval. If the City Manager does not approve, he or she may return it to the Assessor for a rehearing or for correction.
Warrant for collection. If the City Manager approves, he or she shall sign such roll, together with a warrant to the City Treasurer, or officer performing like duties, to collect the several amounts in such roll.
If by reason of this Charter, or by ordinance of the Council, or otherwise, such assessment is payable in installments, such roll shall show the total amount as well as the amount of each installment with the date it becomes due and payable. If bonds are issued, unless otherwise directed, the number of installments in which any local improvement assessment is payable shall correspond to the number of years in the bond issue for such improvement.
If bonds are issued, the first installment shall become due and payable two months prior to the maturity of the first bond and each installment annually thereafter. At the time each installment becomes due and payable it shall become a lien upon the property upon or against which it is assessed, enforceable and collectible by foreclosure, as a mortgage in default, by action or by sale. If not paid within 30 days after the same becomes payable, then 1% per month thereafter shall be added. If not paid at the time the next City tax becomes payable, it, with all fees and additions, shall be added to such tax against such property and become a part thereof and its payment enforced by sale or other proceeding the same as any unpaid City tax.[1]
Editor's Note: Original § 102, Sewer district improvements in districts, which immediately followed this section, was deleted since the City has only a Citywide sewerage system.
In paving, repaving, surfacing and resurfacing, the share of the abutting property or the assessment against such property shall be determined according to the linear or foot frontage; in sidewalk, curb and gutter assessment, proportionately according to the cost of each improvement, entering into the total of such bond issue; in all other matters, according to the benefits received, unless otherwise directed by the Council. The Council shall have the right and power to direct the principle to govern in completing such assessments for local improvements.
In the case of any local improvement or benefit not herein specifically provided for which is ordered and made or furnished by the City under any power given herein or otherwise by law, the Council shall have power to determine the cost thereof, the part to be paid as a general City charge and the part to be paid by local assessment and to prescribe how, when and against what property the same shall be assessed and to direct the completion by the Assessor of an assessment thereof.
The Council may prescribe by ordinance so far as is practicable that at any time after the completion of a local improvement any property owner who desires to pay his or her proper or proportionate share of such improvement in one sum may do so and that such property owner will thereby be relieved from any local assessment therefor, anything in this Charter to the contrary notwithstanding, and may direct the City Manager in reporting the cost of such improvement to make a tentative return of the share of, or charge against, each parcel of abutting property, excepting where the amount of such share or charge is ultimately to be determined upon the principle of benefit received, the purpose of this provision being to allow property owners chargeable with a part of such cost to meet and pay such part in a lump sum without the additional charge for interest arising from a bond issue. If bonds are issued for such local improvement prior to the date of the payment of such lump sum, such property owner shall, in addition thereto, be charged with interest on such proportionate share at the rate payable on the bonds issued therefor and up to and including the next succeeding date on which interest on such bond issue becomes due and payable after the payment of such lump sum.