§ 18-7. Special provisions for sprinkling, flushing, etc., of streets by special assessment.

1.

The common council shall have jurisdiction and authority without any petition therefor or consent thereto, to order the sprinkling, flushing, watering and laying of dust and water or substances other than water, and cleaning of any street or part thereof, and to provide for and defray the expense thereof by assessment upon the property fronting thereon. The common council shall also have jurisdiction and authority without any petition therefor by vote of two-thirds of the members of the common council to order the regarding and/or application of hot-mix asphalt overlay upon an unimproved street which is deemed a street without a concrete base, and to provide for and defray the expense thereof by assessment upon the property fronting thereon pursuant to section 10 herein [section 18-10 hereof].

2.

The estimated cost of such improvements shall be assessed pro rata per linear foot of frontage upon the property fronting upon the street or part thereof along which such improvement is ordered to be made, provided, however, that if any part of the street or portion thereof so improved is occupied by the track or tracks of a steam railroad or street surface railway, the common council shall have jurisdiction and authority to fix and determine what proportionate part of the cost of said improvement shall be assessed upon said steam railroad or street surface railway, and all said costs shall be assessed, levied and collected at the same time as and as a part of the general city tax in the manner hereinafter provided.

3.

If it shall determine to make any such improvement it shall cause a notice of the proposed improvement and of its intention to order the same to be served upon all persons interested by causing a copy of such notice to be published in five (5) successive issues of each of the official papers (Sundays and legal holidays excepted), the last publication thereof to be at least ten (10) days before such improvement shall be ordered, and such notice shall be deemed sufficient and no further or different notice shall be required.

4.

Such notice shall specify the time within which any person interested may object to such improvement, which time shall not expire before the regular meeting of the common council next succeeding the last publication, and that in case no objection is made within the time specified all persons interested will be deemed to have acquiesced in the proposed improvement.

5.

Objection must be made in writing subscribed by the party objecting or his duly authorized agent and delivered to the city clerk.

6.

If no such objection is so made within the time specified therefor, the common council may, at any regular meeting after the expiration of said ten (10) days, by ordinance, order the improvement to be made; but if any such objection has been so made the common council shall hear such objection and the improvement shall not be ordered except by ordinance adopted by a two-thirds vote of all members of said common council.

7.

If the common council, by ordinance, shall so provide, the city itself through its commissioner of public works may make such improvement without contract, and in such case the commissioner of public works shall keep an account of the expenses to the city of such improvement.

8.

In case the amount estimated and assessed for the same shall be insufficient or exceed the expense thereof the amount of such deficiency or excess shall be taken into account and added or rebated in making any assessment upon the property affected for a like improvement during the succeeding year.

(N.Y. Laws 1905, Ch. 684, § 7; N.Y. Laws 1911, Ch. 71, § 1; N.Y. Laws 1916, Ch. 61, § 1; N.Y. Laws 1922, Ch. 652, § 1; L.L. No. 12-1973, § 2; L.L. No. 24-1974, § 2; L.L. No. 6-1987, § 1)

Cross reference

Special assessments, Pt. C, § 7-103.