Montour Falls, N.Y., Code of Ordinances ch. 108 (eCode360 ed. 2026) § 108-16
Assessment of costs
Operative Text
A. Whenever the Village shall incur any cost or expense in taking any remedial action or performing any improvement, work or act pursuant to § 108-15 hereof, the amount of such cost or expense shall be assessed against the affected property as herein provided. B. Upon completion of any remedial action or improvement, work or act undertaken by the Village pursuant to § 108-15 , the cost or expense thereof to the Village shall be fixed and determined by the Zoning Officer and thereafter transmitted to the Village Board of Trustees. Upon receipt of such transmittal, the Board of Trustees may by resolution confirm the amount of such cost or expense, whereupon the amount of such cost or expense shall constitute a special assessment against the affected property. C. The special assessment described in Subsection B above shall be paid, shall accrue interest, and shall be included within the annual tax levy pursuant to New York State Village Law and Real Property Tax Law and shall otherwise be considered a special assessment for purposes of all general and local laws. D. The Village may assess costs pursuant to this section in addition to, and cumulatively with, the exercise of any other enforcement mechanisms provided by this chapter or otherwise.
Section 108-16 of the Montour Falls Code of Ordinances establishes a cost-recovery mechanism that allows the Village to recoup expenses it incurs when it steps in to perform remedial work on a property under § 108-15. Once the work is complete, the Zoning Officer calculates the total cost, and the Village Board of Trustees may formally confirm that amount as a special assessment against the property. That special assessment is then treated like a tax lien—it accrues interest, is included in the annual tax levy under New York State Village Law and Real Property Tax Law, and can be imposed alongside any other enforcement actions the Village pursues.
Plain English — not legal advice.
Under § 108-16, property owners in Montour Falls who do not address code violations addressed by § 108-15 risk having the Village perform the required work itself and then bill the property directly through a special assessment. Compliant operators generally keep properties in good repair so that the Village never needs to intervene, thereby avoiding a lien-like charge that accrues interest and appears on the annual tax levy. Because § 108-16 explicitly allows these cost assessments to stack on top of other enforcement penalties, unresolved violations can result in compounding financial obligations against the property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 108-16 describes what happens after the Village acts under § 108-15 to correct a property condition—the costs are assessed against the property, not the tenant, as a special assessment that becomes part of the annual tax levy. Tenants living in a property where the Village has had to intervene may find it useful to document the condition of the premises and any communications with the landlord, as this provision reflects the Village's authority to enforce housing standards independently. Tenants seeking to understand their rights in connection with habitability or code-enforcement issues can contact a local tenant-rights organization or the Village's Zoning Officer for information about how § 108-16 proceedings may relate to their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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