The provisions of this article shall apply to
all private streets, and portions of streets, in the Village of Bayville
that are:
A. Either privately owned or not maintained by the Village
of Bayville or the County of Nassau or Town of Oyster Bay.
B. Streets to which the public has access, over private
streets or adjoining streets connecting with public streets, for the
purpose of vehicular and pedestrian access to and from private property,
for commercial loading or unloading, garbage pickup, mail delivery
or access for public emergency vehicles, including, but not limited
to, police, fire and ambulance vehicles.
C. In such a state of neglect, disrepair or proper maintenance
that, without grading, paving, drainage and other improvements, the
use thereof presents a danger of personal injury or serious property
damage or creates a health hazard because of unsanitary conditions.
D. Providing for a three-step process of making an assessment,
imposing a levy and collecting costs against recalcitrant property
owners, all by the Village Board of Trustees from time to time.
The Board of Trustees hereby determines that
the fair method of determining the costs of each property owner for
such maintenance/improvement is and shall be by assessing:
A. With reference to through streets maintenance/improvements:
each buildable or improved parcel of land in the entire private street
improvement district in proportion to the total number of such parcels
contained in said entire district.
B. With reference to nonthrough streets maintenance/improvements:
each buildable or improved parcel of land abutting said private street,
or portion thereof, which has been the subject of such maintenance/improvement
in proportion to the total number of such parcels abutting said street.
The Board of Trustees, in the event of nonpayment
of such proportionate costs by any such recalcitrant property owner
or owners, shall impose a levy in the amount of such balance due,
plus interest, as allowed by law, against the property owned by said
recalcitrant property owner or owners by adding said total sum due
to the Village tax on said real property, and the Board of Trustees
shall from time to time take such action, as it deems advisable as
permitted by law, to collect said sums due against such real property.
Upon collection by the Village of said proportionate
unpaid sums due, the Board of Trustees shall, if permitted by law,
pay over said proportionate unpaid sums so collected to the party
or parties who paid the costs of such maintenance/improvement costs
on reasonable certification of payment of same, less the aforesaid
costs and expenses incurred by the Village.