Section 200-A. Construction and repair of sidewalks pursuant to order of town board  


Latest version.
  • Whenever the town board shall  have  adopted  an  ordinance,
      rule  or  regulation  pursuant to the provisions of article nine of this
      chapter, describing how sidewalks shall be built in such town, the  town
      board  may  adopt  orders from time to time, directing the owners of the
      respective lots and parcels of land abutting on any street, or, in towns
      of the first class, with the consent of  the  county  superintendent  of
      highways  or  the  state commissioner of transportation, as the case may
      be, abutting on a county or state highway within the town,  along  which
      it  is desired that sidewalks be built, relaid or repaired, to construct
      the same to conform with such ordinance, rule or regulation, and specify
      the time within which the same shall be done.  The town clerk shall give
      notice thereof by certified mail addressed to each  such  owner  at  his
      address  as  it appears upon the assessment roll of such town or, in the
      alternative, by publication of a notice thereof in the official paper at
      least twice, the first publication of which shall be  at  least  fifteen
      days  before  the  time  specified  for  the completion of the work. If,
      within the time prescribed  in  the  order  and  notice,  the  sidewalks
      required  to  be built, relaid or repaired shall not have been so built,
      relaid or repaired, then the board may cause the same  to  be  done  and
      audit  and  pay  the  expense  of  doing the same and assess the expense
      thereof against the property benefited as a whole, or any five  or  less
      annual   installments,   in  the  same  manner  as  street  improvements
      constructed pursuant to section two hundred of this chapter.
        If such expense be assessed in installments, there shall  be  assessed
      as  part  of  each installment, except the first, as interest, an amount
      not exceeding six per cent of such installment such rate to be fixed  by
      the town board in the order providing for the assessment. The provisions
      of  law  applicable  to  the sale of tax liens shall apply to any unpaid
      assessed installment with the interest thereon in  the  same  manner  as
      though  such installment and interest had been assessed as an assessment
      payable as a whole. Unassessed installments shall be prepayable  at  any
      time  with interest computed thereon at the aforesaid rate from the date
      of assessment of the first installment to the date  of  payment  of  the
      particular installment.
        If  such  expense be assessed as a whole and the town board resolution
      assessing such expense against a particular piece of property  shall  so
      provide,  the  assessment  against  such property may be paid in five or
      less annual installments on the dates  fixed  by  such  resolution  with
      interest,  not exceeding six per cent of each such installment, fixed by
      such resolution.
        The town board may adopt a  local  law  apportioning  the  expense  of
      building,  relaying  or  repairing any sidewalk within such town between
      the town and owners of the respective lots and parcels of land  abutting
      any  street or county or state highway within the town along which it is
      desired that sidewalks be built, relaid or repaired.