N.Y. Village Law § 22-2200: Local improvements; apportionment; bonds

§ 22-2200 Local improvements; apportionment; bonds. l. Whenever the

board of trustees of any village shall make local improvements at the

expense of the owners of the lands benefited thereby, or partly at the

expense of such owners and partly at the expense of the village at

large, the board, before making any such local improvements, shall give

notice to all persons interested by publishing a notice in the official

newspaper that a hearing will be held, not less than ten days after the

first publication of such notice, to consider the same, and after such

hearing the board may make such improvements, either by contract or by

village employees, and determine the portion of the cost to be assessed

upon the lands benefited thereby and the portion, if any, to be borne by

the village at large, and also determine what lands will be benefited by

such local improvements, and shall prepare and file in the office of the

village clerk a map or plan of the proposed assessment district, showing

the lands so determined to be benefited, as soon as practicable after

such hearing.

2. When the cost of any such local improvements has been determined

the board shall apportion and assess the part of the expense to be

raised by local assessments upon the lands in such assessment district,

according to frontage, area, or otherwise, as the board may determine

during the proceedings to be just and equitable, and file a copy thereof

in the office of the village clerk. After making such apportionment the

board shall publish in the official paper and serve upon each land

owner, personally or by mail, at least ten days before the hearing, a

notice of the filing of such apportionment and assessment map or plan,

and that at a specified time and place a hearing will be had to review

and complete the same, and that the said apportionment and the said map

or plan can be examined by any person interested therein at the office

of the village clerk during usual business hours, prior to such hearing.

The board shall meet at the time and place specified in such notice and

hear objections to such apportionment and to such assessment map. It may

modify and correct the same and add or exclude land to or from the area

of local assessments, but no assessment shall be increased, and no lands

added thereto without notice to the owner and an opportunity to be

heard. The board may adjourn the hearing from time to time without

further notice and, as soon as practicable, shall complete the said

apportionment and assessment, and the said assessment map and file the

same in the office of the village clerk, and publish notice of such

completion and filing in the official paper, and any person deeming

himself aggrieved thereby may, within fifteen days after the filing of

such apportionment and map apply to a court of record for an order of

certiorari to review said assessments. The apportionment, the

assessments and the map shall be deemed final and conclusive unless such

an application to be made within such fifteen days.

3. The expense of any such local improvement may be raised in an

entire amount or in installments as the board of trustees may determine.

If any portion of such expenses to be borne by the village at large, or

if the entire expense of such improvement is to be assessed against the

property benefited thereby, such expense may be financed pursuant to the

local finance law.

4. All local assessments levied against real property as provided

herein shall be collected pursuant to section 5-518 of this chapter.