§ 18-9. Sidewalk, cellar, vault and gutter construction by special assessment—Notice of and objections to improvements; exemption of certain property from improvement; grade to be established prior to sidewalk construction.

If the common council shall determine to make any such improvement it shall cause a notice of the proposed improvement, specifying the location thereof and the dimensions and material of which the same is to be constructed and of its intention to order the same, to be served upon the owners of property liable to taxation therefor, by causing a written or printed copy thereof to be deposited at the post office in Syracuse in a securely sealed wrapper, postage prepaid, and directed to each of such owners at Syracuse, New York, and upon such owners and all other persons interested by also causing a copy thereof to be published in five (5) successive issues of each of the official papers (Sundays and legal holidays excepted). If there be two (2) or more owners of any one piece of property service upon any one of them shall be sufficient. The last publication and service of said notice shall be at least ten (10) days before such improvement shall be ordered. Such notice shall be sufficient and no further or different notice shall be required. Such notice shall specify the time within which any person interested may object to such improvement, which time shall not expire within five (5) days after the completion of such service nor before the next regular meeting of the common council 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. Objection thereto must be made in writing, subscribed by the party objecting or his duly authorized agent and delivered to the city clerk. If no such objection is 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 the members of said common council. If prior to the expiration of said ten (10) days any property owner shall cause to be filed with the city clerk a certificate of the commissioner of public works that such part of said proposed improvement as is situated in front of the property owned by him, describing the same, has been made by him of the materials and dimensions in said notice specified and in accordance with the grade and side line established therefor, the part of said, proposed improvement so described and made shall be exempted therefrom before such improvement shall be ordered. But no improvement of constructing or reconstructing a sidewalk shall be finally ordered by the common council until the grade and side line of the sidewalk, throughout the length of the side of the block in which such improvement is to be made, has been established.

(N.Y. Laws 1905, Ch. 684, § 9)