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What is NYC AC § 25-406?

Quick Answer

This section outlines the process for notifying property owners and conducting a public hearing regarding the adoption of a district plan by the city council. It specifies the requirements for objections from property owners and the publication and mailing of relevant information. Applies to property owners within proposed districts who may object to the establishment or extension of such districts.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 25-406 Notice and hearing

AC § 25-406

(a)After the filing of the district plan in the office of the city clerk, the city council may adopt a resolution and shall enter the same in the minutes of its proceedings. This resolution shall contain a copy of the district plan, any report of the city planning commission or board, the fact that a district plan is on file in the city clerk's office for public inspection and the time when and the place where the city council will meet and hold a public hearing to hear all persons interested in the subject thereof.

(b)The resolution shall also contain a statement that any owner of real property, deemed benefited and therefore within the district, objecting to the plan must file an objection at the office of the city clerk within thirty days of the conclusion of the hearing on forms made available by the clerk, and, further, that if (1) owners of at least fifty-one percent of the assessed valuation of all the benefited real property situated within the boundaries of the district proposed for establishment or extension, as shown upon the latest completed assessment roll of the city, or (2) at least fifty-one percent of the owners of benefited real property within the area included in the district proposed for establishment or extension, so file their objections, the district will not be established or extended.

(c)The city council shall cause a copy of the resolution or a summary thereof to be published at least once in the City Record or a newspaper in general circulation in the city, the first publication to be not less than ten nor more than thirty days before the day set for the hearing required by this section. In addition, not less than ten nor more than thirty days before the date set for the hearing, the city council shall cause a copy of the resolution or a summary thereof to be mailed to each owner of real property within the proposed district at the address shown on the latest city assessment roll, to such other persons as are registered with the city to receive tax bills concerning real property within the proposed district, and to the tenants of each building within the proposed district. If the city council publishes or mails a summary of the resolution, such summary shall include the business address of the city clerk, a statement that copies of the resolution shall be made available free of charge to the public, the improvements proposed and the maximum cost thereof, the total annual amount proposed to be expended for improvements, maintenance and operation, and a statement indicating the rights of owners to object pursuant to subdivision (b) of this section.

(d)The resolution may further state the place, other than the city clerk's office, where the district plan may be inspected in advance of the hearing, if the city council determines that, in the public interest, any additional place of inspection is necessary or desirable. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/082.

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