Section 280-V. Alternative method of assessment  


Latest version.
  • Notwithstanding  the
      provisions of the preceding section, if the notice of public hearing  to
      be  held  by the governing body pursuant to section two hundred eighty-e
      shall contain a statement that the  cost  of  the  improvement  will  be
      assessed in proportion as nearly as may be to the benefit which each lot
      or  parcel  of  land will derive therefrom, such cost shall be assessed,
      levied and collected as hereinafter provided. The governing body may and
      is hereby authorized, to issue, pursuant to the local finance  law,  the
      obligations  of  the county in such an amount as said governing body may
      estimate to be sufficient to pay the entire cost of the improvement, but
      not in excess of the maximum amount proposed  to  be  expended  for  the
      improvement  as  stated  in  the notice of hearing published pursuant to
      section two hundred eighty-e.  Notwithstanding  any  other  inconsistent
      provision  of  law to the contrary and in the event such obligations are
      issued, no down-payment shall be required, and the  period  of  probable
      usefulness  shall  be  ascertained  and  governed by the type of work or
      improvement as follows:
        1. Construction work of steel, stone or concrete, thirty years;
        2. Construction work of wood, or part wood, twenty years; and
        3. Dredging work,  fill  work,  dune  restoration  or  other  work  or
      improvements, to which items one and two above do not apply, five years.
      The  period  of  probable  usefulness  for  such  dredging,  fill,  dune
      restoration or other  work  or  improvements  shall  apply  even  though
      easements  on  land  on  which such work is done have a duration of less
      than five years.
        In preparing the annual estimate of revenues and expenditures pursuant
      to section three hundred fifty-three of this chapter, the administrative
      head or body shall include, in addition to all costs  of  operation  and
      maintenance  for the next succeeding fiscal year, sums sufficient to pay
      the annual installment of principal of,  and  interest  on,  obligations
      issued  as  aforesaid.  The  administrative head or body shall thereupon
      annually assess the amount of the estimate  of  expenditures,  less  the
      estimate  of  revenues  including  financial  aid  and  assistance  made
      available by the state  or  federal  government  as  set  forth  in  the
      estimate so prepared, on the lots and parcels of land in the district in
      proportion  as  nearly as may be to the benefit which each lot or parcel
      will derive therefrom and shall prepare an assessment roll  which  shall
      describe  each  such  lot or parcel of land in such manner that the same
      may be ascertained and identified and shall show the name  or  names  of
      the  reputed  owner  or  owners thereof, and the aggregate amount of the
      assessment levied upon such lot or parcel of land.   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
      assessment  roll  shall  be  submitted to the budget officer at the same
      time as the estimate is submitted, for transmittal  with  the  tentative
      budget  to  the  clerk  of the governing body. The assessment roll shall
      remain on file in the  office  of  the  clerk  and  be  open  to  public
      inspection during business hours. The governing body shall hold a public
      hearing  on  the assessment roll. Notice of such public hearing shall be
      published at least once in the official  newspapers  stating  that  said
      assessment  roll  has  been completed and that at a time and place to be
      specified therein the governing body will meet and hear and consider any
    
      objections which may be made to the roll. The first publication  of  the
      notice  of  the  completion of the roll shall be not less than five days
      before the date specified  for  the  hearing.  At  the  time  and  place
      specified,  the  governing  body  shall  meet  and hear and consider any
      objections to the assessment roll, and may change or amend the  same  as
      it deems necessary or just so to do and may affirm and adopt the same as
      originally  proposed  or as amended or changed, or it may annul the same
      and order the administrative head or body to proceed anew and to prepare
      another roll or the governing body may prepare such new roll.   No  such
      amended,  changed or new roll shall be adopted unless the governing body
      shall hold  a  hearing  thereon  in  the  manner  and  upon  the  notice
      prescribed  for  the  original  hearing.  It  shall  be  the duty of the
      governing body to levy the sum apportioned to  and  assessed  upon  each
      such lot or parcel of land at the time and in the manner provided by law
      for  the levy of state, county or town taxes.  Such sums so levied shall
      be collected by the local tax  collectors  or  receivers  of  taxes  and
      assessments  and  shall be paid over to the county treasurer in the same
      manner and at the same time as taxes levied for general county purposes.
      The county treasurer shall keep a separate account of  such  moneys  and
      they  shall  be  used only for purposes of the county district for which
      collected. Nothing herein  shall  prevent  the  public  hearing  on  the
      assessment  roll  from being held simultaneously with the hearing on the
      county budget held pursuant to section three hundred fifty-nine of  this
      chapter.  If  the  cost  of establishment of the county district and the
      providing of an  improvement  therein  has  been  assessed,  levied  and
      collected  pursuant  to the provisions of this section, then the cost of
      any improvement made pursuant to section two hundred eighty-s  shall  be
      assessed,  levied  and  collected  pursuant  to  the  provisions of this
      section. If the cost of establishment of the  county  district  and  the
      providing  of  an  improvement  therein  has  been  assessed, levied and
      collected pursuant to the provisions of section  two  hundred  eighty-u,
      then  the  cost  of any improvement made pursuant to section two hundred
      eighty-s shall  be  assessed,  levied  and  collected  pursuant  to  the
      provisions of section two hundred eighty-u.