[Amended 6-16-1977 by L.L. No. 4-1977; 7-15-1982
by L.L. No. 4-1982]
Wherever any owner of real property located within the Village of Garden
City is required by ordinance or general, special or local law to make any
improvement or repair, perform any work or do any act on such property or
on sidewalks, driveway aprons, paths, public thoroughfares in front of or
abutting upon such property or property between the property line and the
gutter in the interest of public safety, health, comfort and general welfare
and such owner shall fail to make the improvement or to perform the work or
act required and the Board of Trustees shall cause such improvement or repair,
work or act to be done on such property or on the sidewalks, driveway aprons,
paths or public thoroughfares abutting upon such property or on property between
the property line and the gutter or a contract has been awarded therefor by
the Board, the cost of such improvement or repair, work or act may be assessed,
levied and collected as provided herein.
Upon completion of the improvement or repair, work or act, the Board
shall serve a notice of at least 10 days upon the owner of the property affected
or improved, stating that such expenditure has been made, its purpose and
amount and that at a specified time and place the Board will meet to make
an assessment of the expenditure upon the real property so improved.
Such notice may be served personally or by mail by mailing a copy of
the same to such owner at his last known address as the same appears on the
assessment rolls of the village.
The Board shall meet at the time and place specified in the notice and
shall hear and determine all objections that shall be made to such assessment,
including the amount thereof, and shall assess upon the real property the
amount which it may deem just and reasonable, not exceeding, in case of default,
the amount stated in the notice.
If the amount so assessed is not paid within 15 days after such assessment,
an action to recover the amount due may be maintained by the village, or a
special warrant may be issued by the Board of Trustees for collection of such
assessment, or the amount thereof may be included in the next annual tax levy.
No action or proceeding to review an assessment made hereunder may be
maintained against the village, its officers or employees more than 15 days
after such assessment is made.
Nothing herein shall be construed to prohibit the financing of unpaid
assessments pursuant to the Local Finance Law.