Section 5-518. Collection of special assessments  


Latest version.
  • 1. Any provision of law to
      the contrary notwithstanding, all special or  local  assessments  levied
      against real property shall be collected as in this section provided.
        2. Whenever an expenditure is made or a contract awarded for a purpose
      for  which  bonds  cannot be issued and the amount of a local or special
      assessment, inclusive of interest to maturity of  obligations,  if  any,
      issued  to  finance  such  expenditure, is finally fixed, determined and
      confirmed, such assessment may be  paid  without  penalty  at  any  time
      within  a  period  of  thirty  days,  computed  from  the  date  of such
      confirmation.
        3. If an expenditure is made or a contract awarded for a  purpose  for
      which  bonds  may be issued pursuant to the local finance law, the board
      of trustees may provide for the payment of special  assessments  by  any
      one of the following methods:
        a.  The  board  of  trustees  may  adopt  the  procedure  described in
      subdivision two of this section.
        b. The board of trustees may determine that such  assessments  may  be
      paid  in  annual  installments.  In  such  case, it may give a period of
      thirty days from date of confirmation in which assessments may  be  paid
      in full without penalty. Upon the expiration of such period, obligations
      shall  be  issued pursuant to the local finance law for the total unpaid
      assessments. The amount of the unpaid assessment against each parcel  of
      land  shall  be  divided  into  such  annual  installments  as  shall be
      necessary  to  completely  amortize  the  principal   amount   of   such
      obligations  as they shall mature. There shall be added to the amount of
      each installment a sum sufficient to meet a pro rata share of the annual
      interest payable on  such  obligations.  The  board  of  trustees  shall
      annually  levy  the  amount of the annual installment, unless same shall
      have been prepaid as provided in paragraph c of this  subdivision,  with
      interest  as  aforesaid,  on  a  special assessment roll and such amount
      shall be extended on such roll against the real property benefited.  The
      board of trustees may determine that such annual  installment  shall  be
      due  at  the same time as real property taxes, in which event the amount
      of such installment shall be extended in a separate column in the annual
      tax roll. In the latter case, the same penalties for  non-payment  shall
      attach  as in the case of non-payment of the village tax, as provided in
      the real property tax law and there shall be no  relevy  of  the  unpaid
      installment  as prescribed in subdivision five of this section, but such
      unpaid installment shall be collected as provided in said real  property
      tax law.
        c.  Whenever  an  unpaid  assessment  has  been  divided  into  annual
      installments pursuant to paragraph b of this subdivision  the  board  of
      trustees  may,  at  the  time  of  making  such division, or at any time
      thereafter, provide that all future annual installments may  be  prepaid
      together with a sum sufficient to meet all future pro rata shares of the
      annual  interest  payable  on such obligations and which would otherwise
      have been added to such future installments had same not  been  prepaid.
      All  sums received from such prepayments shall be deposited and retained
      in a separate account in a depositary designated in the manner  provided
      by  section  ten  of the general municipal law to be applied only to the
      payment of the obligations  issued  pursuant  to  paragraph  b  of  this
      subdivision. Notwithstanding the foregoing, such sums so received may be
      invested  in  the  manner  permitted  in  section  eleven of the general
      municipal law.
        4. If any assessment or annual installment thereof be not paid  within
      the  prescribed  thirty day period, penalties shall be computed from the
      expiration date of such thirty day period at the rate of one-half of one
      per centum per month or portion thereof until the assessment is paid  or
    
      discharged.  All  penalties  collected  shall be credited to the general
      fund.
        5. At least thirty days before the end of the fiscal year, the officer
      or  official  charged  with  the  collection  of  such  special or local
      assessments shall transmit to the board of trustees a statement  of  all
      delinquent  special  or  local  assessments, showing the amounts thereof
      with penalties computed to the first day  of  the  month  following  the
      month  in  which  the fiscal year commences, and thereafter he shall not
      collect or receive payment of any such special  assessment  in  default.
      The  board of trustees shall include the amounts shown on such statement
      in the annual tax levy and such amounts shall be extended on the  annual
      tax  roll  against  the  real properties concerned in a separate column.
      Such special assessments shall thereafter be deemed for the purposes  of
      collection  to  be  a  part of the annual village tax and the assessment
      shall be deemed to have been cancelled as of the date of the tax levy.
        6. Whenever any special assessment or  installment  thereof  shall  be
      extended  on the village tax roll, whether pursuant to subdivision three
      or subdivision five of this  section,  the  special  assessment  account
      shall  be  credited  with  the  amount  of  the  special  assessment  or
      installment,  less  penalties.  The  amounts  so   extended,   including
      penalties, when collected, shall be paid into the general fund.