City of Geneva, NY Improvements, Local

Any improvement, work or benefit whether done by the city with its own employees or by contract, the cost of which, or part thereof, is to be borne by the abutting property or the property benefited, or its owner.

§ 209-2 Resolution to initiate local improvement.

Upon the recommendation of the City Manager, the City Council may by resolution provide for the undertaking of a local improvement. The Council shall by resolution determine initially the property to be benefited by said local improvement, and shall order a public notice to be published twice in the official newspaper of the city. The first notice shall be published not less than 10 days and not more than 30 days prior to the public hearing. The second notice shall be published at least five days prior to the public hearing.

§ 209-3 Contents of public notice.

The public notice shall generally describe the nature of the proposed local improvement, and shall also generally describe the area deemed to be benefited by said local improvement. The notice shall further specify the time, date and place of public hearing to be held before the City Council.

§ 209-4 Public hearing.

Before the city shall undertake any project the cost of which, or part thereof, is to be borne by the abutting property, or the property benefited or its owner, the City Council shall hold a public hearing after public notice as hereinabove provided. Upon such hearing, the City Council shall hear the objections of interested parties, and may adjourn from time to time to complete such hearing. After such hearing, the City Council may make such changes, additions or omissions as it deems proper in the proposed local improvement without the necessity of a further hearing, and may by resolution direct the commencement of said local improvement either by city forces or by contract.

§ 209-5 Amount to be borne by property benefited.

The City Council shall, in its resolution authorizing and directing the undertaking of said local improvement, state the estimated cost of said improvement and establish the manner and method of determining the proportionate share of all or part of the cost to be borne by the abutting property, or the property benefited, and the portion, if any, to be borne by the city as a whole.

§ 209-6 Report to City Council by City Manager; hearing; confirmation.

Upon the completion of any local improvement, the City Manager shall certify to the City Council the part of the total cost of such improvement, the amount 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, in accordance with the resolution of the City Council authorizing and directing the undertaking of said local improvement.

Upon receipt of such report, the City Council shall forthwith fix a time of hearing thereon and shall cause notice thereof to be published at least twice in the official newspaper of the city. The first notice shall be published not less than 10 days and not more than 30 days prior to the public hearing. The second notice shall be published at least five days prior to the public hearing. The City Council shall, so far as practicable, cause notice to be mailed to each person appearing on such report at the time of first publication.

Upon such hearing, the City Council shall hear the objections of the interested parties, and may adjourn from time to time to complete such hearing. The City Council may alter and amend said report in its discretion. When the City Council shall deem the report to be correct, it shall confirm the same.

Upon the confirmation of the report, the amount assessed against each parcel of real property shall become and be a first lien upon such parcel or real property until fully paid. Every such assessment shall be collected by the City Comptroller in the same manner as taxes are collected, and as is hereinafter provided, and the amount thereof shall be expended only for the purpose of paying for such improvement or of repaying money borrowed on account of same. Any surplus, however, remaining after paying for such improvement or repaying money borrowed on account of same, shall be paid into the capital improvement fund.

§ 209-7 Financing of local improvements.

Following the confirmation by the City Council of any assessment for local improvements, the owner or owners of any real estate against which an assessment is thereby assessed, as hereinbefore provided, may pay all or any part of such assessment to the City Comptroller at any time within 30 days after such final assessment and confirmation. All local improvement assessments remaining unpaid after such period of 30 days shall be continued and shall remain a lien or liens on the respective several pieces or parcels of real estate benefited by the improvement until the same shall, with interest running from the date of confirmation, be paid as hereinafter provided.

Upon expiration of said period of 30 days, the City Comptroller shall certify to the City Council the whole amount unpaid upon said assessments and thereupon the City Council shall determine the number of semiannual installment payments in which such assessments be made payable, which in no event shall exceed 20, except that for the construction of a sewer or water laterals or mains, the number of semiannual installments in which said assessment may be made payable shall not exceed 60. If bonds are issued to finance all or part of such improvement such assessments shall bear the same rate of interest as such bonds. Otherwise the City Council shall at their discretion fix the rate of interest on such installments to be computed from the date of confirmation; which semiannual installment payments with accrued interest thereon shall be collected in the same manner as city taxes during the months of January and May in each year, and every installment with accrued interest shall be a lien upon the real estate and upon all the property against which the same was assessed as in the case of other taxes and assessments.

Such assessments may be paid in full at any time prior to maturity with accrued interest from the date of confirmation to the date of payment at the rate of interest as fixed by the City Council.

[Amended by Ord. No. 70-6, eff. 3-4-1970]

§ 209-8 New apportionment or assessment.

In case any apportionment or assessment heretofore or hereafter made for a local improvement shall have been or shall be set aside by any court of this state having competent jurisdiction, or shall fail or shall have failed through any irregularity in making or confirming such apportionment or assessment, it shall be lawful for and be the duty of the City Council forthwith to cause a new apportionment or assessment, including the interest and expenses of the former apportionment or assessment, to be made and to be levied and collected; and such new apportionment and assessment shall have the same force and effect as though no former apportionment or assessment had been made.