[HISTORY: Adopted by the Board of Trustees of the Village
of Centre Island 9-30-1986 by L.L. No. 3-1986. Section 86-6 amended
at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Other amendments noted where applicable.]
The Board of Trustees of the Village of Centre Island hereby
finds that it is necessary for the Village to establish procedures
so that it can require owners of privately owned roads and streets
to reimburse the Village by a special tax assessment for repair or
maintenance work where the public has access to such property for
commercial loading or unloading or garbage pickup or to ensure adequate
access to private homes for public emergency vehicles, such as police,
hospital and fire, to perform designated functions and responsibilities.
A.
The Building Inspector of the Village is authorized to designate
privately owned roads and streets which require repair or maintenance
work where he finds that:
(1)
The public has access to such property for commercial loading or
unloading, for garbage pickup or for public emergency functions; and
(2)
Without specified repair or maintenance work, the use of such property
presents a danger of personal injury or serious property damage; or
(3)
Without specified repair or maintenance work, the property creates
a health hazard because of unsanitary conditions.
B.
Any such private property so designated shall be referred to as "property
to be repaired."
In designating any property to be repaired, the Building Inspector
shall identify:
A.
The owner or owners of such property.
B.
The precise location and dimensions of such property.
C.
The conditions which he finds that require the designation of such
property as property to be repaired.
D.
The repair or maintenance work that is required in order to remedy
the conditions which require the designation of such property as "property
to be repaired."
E.
Any repair or maintenance work that is to be performed on only a
portion of the property to be designated "property to be repaired"
and the manner in which such repair or maintenance work will benefit
the entire property to be designated as "property to be repaired."
In such case, the cost for the repair or maintenance work is to be
borne according to the frontage, equal share or assessed value as
the residents shall determine. In the absence of such determination,
the division of expenses shall be in proportion to assessed values.
The Building Inspector, prior to the designation of "property to be repaired," shall notify the owner or owners of such property of the proposed designation, together with all of the information specified in § 86-3C above, including the repair or maintenance work that will be required in connection therewith. Such notice shall be given not less than 15 days prior to any such designation and shall be given either personally or by certified mail, return receipt requested, to the owner's last known address. The notice shall also advise the owner that if he requests the right to appear before the Board of Trustees to be heard with respect to the proposed designation, then he shall be given the opportunity to do so at a public hearing, provided that he so notifies the Village Clerk by certified mail, return receipt requested, posted on or before the proposed date of designation.
A.
If the owner or owners of the property to be designated "property
to be repaired" request a public hearing by the Board of Trustees,
then he or they, as the case may be, shall be given notice of such
hearing, which hearing shall take place not less than 15 days after
the owner or owners have requested such opportunity to be heard. If
such hearing is requested, the Board shall hold the public hearing
after providing such public notice as is required by the Village Law.
The Village Clerk shall also furnish the owner or owners with notice
of the public hearing by certified mail, return receipt requested,
posted no less than 15 days prior to the date of the scheduled public
hearing.
B.
If the owner or owners of the property to be designated "property
to be repaired" do not request an opportunity to be heard by the Board
of Trustees, then the Building Inspector shall forthwith designate
such property "property to be repaired" and notify such owner or owners
of such designation by certified mail, be assessed the cost of repair
or maintenance work contained in the designation pursuant to procedures
set forth in the Village Law § 5-518.
C.
In the event that the owner or owners have requested a public hearing,
then after said hearing, the Board of Trustees shall determine whether
said property is to be designated "property to be repaired" and, if
so, the repair or maintenance work to be performed and the allocation
of cost among the several owners of the area designated as property
to be repaired by special tax assessment. If the Board of Trustees
designates such property "property to be repaired," then the Village
Clerk shall notify such owner or owners of such designation by certified
mail, return receipt requested. Thereafter, such owner or owners shall
be required to comply with the terms of the special tax assessment
for repair or maintenance work contained in the designation.
An owner of property who fails to comply with the special tax
assessment levied by the Board of Trustees shall be deemed to have
violated the provisions of this chapter and shall be liable to pay
a penalty not to exceed $250 or to imprisonment for a term of not
more than 15 days, or both.
