N.Y. Village Law § 14-1432

Current through 2024 NY Law Chapter 456
Section 14-1432 - Levy of taxes and assessments to pay bonds issued for a sewerage system

The board of trustees of any village which shall have heretofore issued or may hereafter issue bonds for the purpose of paying the cost of constructing in said village a sewerage system, whether including or not including trunk lines, outfall sewers, disposal plants or lateral sewers, or private on-site wastewater disposal systems may, notwithstanding that any part of the expense of constructing such sewerage system or private on-site wastewater disposal system has theretofore been assessed upon lands benefited, determine and order that any portion of such cost, not exceeding in amount the aggregate amount of such bonds then outstanding, shall be assessed upon the lands benefited by the construction of such sewerage system or private on-site wastewater disposal system in the manner provided in this section. Any such resolution shall determine the aggregate amount of such bonds which shall then be outstanding and unpaid and shall fix the portion of each installment of maturities of said bonds which is thereafter to be assessed upon lands benefited, in the manner provided in this section. Any such resolution shall be subject to a permissive referendum. Prior to the first day of May in each year the board of trustees shall compute the aggregate amount of the portion of the principal of said bonds, to become due during the ensuing fiscal year which is required by said resolution to be assessed upon the lands benefited, and also the interest on such portion of said bonds to become due during such fiscal year, and shall assess such amount on the lands within said village, in proportion as nearly as may be to the benefit which each lot or parcel will derive from the construction of said sewerage system. After making such apportionment, the board of trustees shall serve on the owner of each such lot or parcel of land a notice of the completion of such apportionment and that at a specified time and place a hearing will be held to consider and review the same.

The board of trustees shall meet at the time and place specified in such notice and hear objections to such apportionment, and may modify and correct the same. The board of trustees upon the completion and correction of such apportionment, shall forthwith file the same in the office of the village clerk, and shall give notice of the filing of such completed and corrected apportionment in the manner provided for by section fourteen hundred ten of the real property tax law as to towns. The apportionment shall then be deemed final and conclusive, unless an appeal is taken therefrom as hereinafter provided within fifteen days after the filing thereof. The board of trustees shall, in the annual tax levy for such fiscal year, levy upon each such lot or parcel of land the sum so apportioned to such lot or parcel of land, and the amount so levied shall be collected in the same manner as other village taxes. In the event that any such resolution shall become effective, any lot or parcel of land assessed by any previous assessment or apportionment of any part of the cost of constructing such sewerage systems shall be freed from the lien of such former assessment or apportionment, except to the extent that any part of such cost so apportioned to such lot or parcel of land shall have been included in the annual tax levies of said village. The powers conferred by this section shall be in addition to the powers conferred by any other law, including any general or special law, and such powers may be exercised without regard to the restrictions contained in any other law other than the village law.

N.Y. Village Law § 14-1432