[Adopted 8-20-1984 by L.L. No. 13-1984
(Chapter 72A of the 1972 Code)]
A.
The Board of Trustees of the Village of East Aurora may,
upon its own motion or upon the petition of the owner or owners of more than
half in value of lands to be benefited thereby, as shown on the last completed
Town of Aurora assessment roll, cause a map and plan to be prepared showing
the bounds and location of lands within the Village of East Aurora which would
be benefited by the construction, improvement and/or acquisition of public
off-street parking areas, as the Board of Trustees shall determine to appropriately
constitute such proposed public off-street parking benefit district.
[Amended 3-14-2006 by L.L. No. 1-2006]
B.
Upon the completion of said map and plan, the Board of
Trustees shall hold a public hearing thereon. Notice of the time, place and
purpose of such a hearing containing a description of the extent of the lands
which would be benefited by the construction, improvement and/or acquisition
of public off-street parking areas, shall be given by publishing a notice
in the official newspaper of said Village of East Aurora at least 10 days
prior thereto and by causing a copy of such notice to be given to each person
owning lands included in said map and plan at least 10 days prior to the date
of said hearing. Within 45 days after such hearing, the Board of Trustees
shall approve, amend or disapprove said map and plan by resolution duly adopted
at a regular meeting of said Board of Trustees.
C.
Following the adoption of such resolution, the Board
of Trustees shall cause any duly approved map and plan showing such lands
which would be benefited by the construction, improvement and/or acquisition
of such public off-street parking areas to be filed in the office of the Village
Clerk. After such hearing, approval and filing, the Board of Trustees may,
by the adoption of a resolution, establish a public off-street parking district,
consisting of the lands shown on said map and plan and assess all or a part
of the expense of such construction, improvement and/or acquisition, including
the cost of the preparation of the map and plan of said public off-street
parking benefit district, the cost of the construction, improvement and/or
acquisition of property required in connection therewith, to the lands so
benefited.
The Board of Trustees of the Village of East Aurora may acquire property
necessary for the construction or improvement of any such public off-street
parking areas by acceptance of a dedication thereof, by purchase, lease or
otherwise.
When the cost of any such public off-street parking improvement has
been determined, the Board of Trustees shall apportion and assess the part
of the expense to be raised by local assessment upon the lands in such public
off-street parking district according to frontage area, assessed value or
otherwise, as the Board may determine during the proceedings to be just and
equitable, in accordance with the provisions of § 22-2200 of the
Village Law of the State of New York, 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 10 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 said apportionment and
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 said 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 said apportionment and assessment, and 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 15 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 application be made within 15 days.
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 expense is 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 expenses may be financed pursuant to the Local Finance Law of the State
of New York.
All local assessments levied against real property as provided herein
shall be collected pursuant to § 5-518 of the Village Law of the
State of New York.
