It is hereby determined and declared by this
Common Council that the safety, health, protection of property and
the comfort and general welfare of the inhabitants of the City of
Albany demand that there be enacted provisions for local assessment
for specific local improvements, where sought by petition by an owner
to be benefited by such improvements or by his agent or by such other
means as hereinafter set forth.
Whenever it shall appear that there exists a
malfunctioning of a sewer main or lateral thereof or of a water main
or lateral thereof due to causes unknown, and the continuance of such
malfunction could become inimical to the health or welfare of persons
or cause damage to property, and to determine the cause would require
digging, the Common Council does hereby authorize the head of the
Department of Public Works or Water Department to take immediate steps
to correct the malfunctioning as is deemed necessary.
Such work as aforesaid shall be done upon petition
by the owner or agent of the property affected, or if the whereabouts
of the owner is unknown or his whereabouts cannot be ascertained within
a reasonable time, or if the situation is deemed urgent by the authorized
City official, then upon his certification to the Clerk of the Common
Council, said Department head shall proceed to have performed the
work necessary to abate and correct the malfunction.
The petition herein required shall be signed
and acknowledged and presented to the Clerk of the Common Council,
who shall keep the same on file, and the duplicate thereof shall be
submitted to the Department charged with the duty to perform the work;
or, if urgency demands, the certificate shall be filed in lieu of
such petition.
If it is determined that the cause of the malfunction
is in a lateral or on private property and the reason for the same,
in the judgment of the Department head, is not attributable to the
City, the cost of any work, labor or services performed by the City
or material furnished for repair or correction of the cause of the
malfunction shall be assessed to the owner of the property in the
same manner as now provided by law for improvements to property and
shall be paid in equal installments over a period not exceeding five
years.
In the event that the petition herein prescribed
is not presented or filed as aforesaid, or if it is determined that
the assessments are on premises benefited by the improvement whose
owner has not petitioned for the same, a notice of hearing shall be
served upon such owner personally or by substitution or by publication
in the official paper of the City at least twice within 10 days of
the date of hearing.
Such hearing as herein prescribed shall be held
before the Board of Estimate and Apportionment on the date set forth
in the notice of hearing or on such adjourned date as may be directed
by said Board.
Nothing herein shall inhibit payment by the
owner of the property improved, of the full amount assessed, at any
time prior to the date of any or all payments, with interest to the
date of payment.
