Section 280-U. Assessment of the cost  


Latest version.
  • The expense of the establishment of a
      district   and   of   providing   improvements  therein,  including  the
      improvements  described  in  section  two  hundred  eighty-s,  shall  be
      assessed, levied and collected from the several lots and parcels of land
      within  the  district  in the same manner and at the same time as county
      charges, except that before any special assessment is levied pursuant to
      this  section,  the  governing  body  shall  increase  or  diminish  the
      aggregate  valuations of real estate in that portion of any tax district
      included within the county district by following the  equalization  rule
      set  forth  in  section eight hundred four of the real property tax law.
      The annual expense of  operation  and  maintenance  shall  be  assessed,
      levied  and  collected  in  the  same manner and at the same time as the
      expense of the improvement is assessed, levied and collected.
        Notwithstanding any other provisions  of  this  chapter  if  zones  of
      assessment have been initially established, and an initial allocation of
      the  total estimated cost of the facilities have been made to such zones
      of assessment, the amount of the cost of the facilities so allocated  to
      any  such  zone  of  assessment  shall  be annually assessed, levied and
      collected from the several lots and parcels of land within said zone  of
      assessment  within  the district in the same manner and at the same time
      as other county charges, except that before any  special  assessment  is
      levied  pursuant  to  this section, the governing body shall increase or
      diminish the aggregate valuations of real estate in that portion of  any
      such zone of assessment included within the county district by following
      the  equalization  rule  set  forth in section eight hundred four of the
      real property tax law. The annual expense of operation  and  maintenance
      shall  annually  be allocated by the governing body as between the zones
      of assessment  of  the  district  and  shall  be  assessed,  levied  and
      collected  from the several lots and parcels of land within each zone of
      assessment chargeable therewith, in the same manner and at the same time
      as county charges. Provided, however, that for  a  hurricane  protection
      project  such  assessment  shall  be  at a rate not to exceed twenty per
      centum of the net annual cost to the county for  such  improvement  when
      such  lot  or parcel is publicly used or owned and not to exceed seventy
      per centum of such cost when the  lot  or  parcel  is  privately  owned.
      Provided  further,  that  for  single purpose flood or shoreline erosion
      control projects, such assessment shall be at a rate up to  one  hundred
      per  centum  of  the  net  annual cost to the county whether such lot or
      parcel is publicly or privately owned.
        The governing  body,  after  holding  a  public  hearing  upon  notice
      published in the same manner as provided in section two hundred eighty-e
      of  this article, from time to time, by resolution may change either (1)
      the allocation of the cost of such improvements as between such zones of
      assessment or (2) the boundaries of  such  zones  of  assessment.  After
      adoption of such resolution, application shall be made to the department
      of  audit  and  control  in  the  manner provided in section two hundred
      eighty-i of this article for a determination as to whether the  proposed
      changes  will result in an undue burden upon the property of any zone of
      assessment. The state comptroller  shall  make  an  order  in  duplicate
      granting  or denying permission for the proposed changes and thereafter,
      proceedings shall be taken in the same manner provided  in  section  two
      hundred eighty-i of this article.
        Nothing  in  this  section contained shall be construed to prevent the
      financing in whole or in part, pursuant to the  local  finance  law,  of
      expenditures made pursuant to this article.