[Adopted 4-1-1992 (§§
3-2-1 through 3-2-14 of the 1992 Code of Ordinances)]
A.
The City of Bayfield, by resolution of its Common
Council, may levy and collect special assessments upon property in
a limited and determinable area for special benefits conferred upon
such property by any municipal work or improvement and may provide
for the payment of all or any part of the cost of the work or improvement
out of the proceeds of the special assessments. In addition to other
methods approved by law, special assessments for any public work or
improvement or any special charge for current services may be levied
in accordance with the provisions of this chapter.
[Amended 10-18-2006 by Ord. No. 335]
B.
The amount assessed against any property for any work
or improvement which does not represent an exercise of the police
power shall not exceed the value or the benefits accruing to the property
therefrom, and for those representing an exercise of the police power,
the assessment shall be upon a reasonable basis as determined by the
Common Council.
C.
The favored procedure in the City for proceeding with
making specially assessable public improvements under its police powers
as generally set forth in this chapter is not intended in any way
to disregard or to bar proceeding under other methods provided by
law for making of public improvements and for the levying of assessments
therefor. Nor is this chapter intended to be an exhaustive, detailed
recodification of the state law under said statutory section. Detailed
requirements still require reference to said statutory section and
the subsections thereunder. The purpose hereof is to generally define
and establish local procedures.
A.
Public improvements carried out pursuant to § 66.0703,
Wis. Stats., and this chapter shall be initiated by a preliminary
resolution presented to the Council by the Public Works Director,
which resolution shall declare the Council's intention to exercise
its assessment powers for such municipal purpose(s), describe the
same, the limits of the proposed assessment district, the number of
installments in which special assessment may be paid or that the number
of installments will be determined at hearing thereon, and direct
the Public Works Director to make a report thereon. After adoption
of such preliminary resolution by the Common Council, copies thereof
shall be forwarded by the City Clerk to the Public Works Director.
The City Clerk shall forthwith, after adoption of such preliminary
resolution, obtain a list of the names and addresses of all interested
persons, if with reasonable diligence their names and addresses may
be obtained, and forward the same to the Public Works Director. Upon
receipt of copy of such preliminary resolution, the Public Works Director
shall prepare the report thereon.
B.
The report required by Subsection A shall consist of:
(1)
Preliminary or final plans and specifications.
(2)
An estimate of the entire cost of the proposed work
or improvement.
(4)
A statement that the property against which the assessments are proposed is benefited, where the work or improvements constitute an exercise of the police power. In such case, the estimates required under Subsection B(3) shall be replaced by a schedule of the proposed assessments.
(5)
A copy of the report when completed shall be filed
with the City Clerk for public inspection.
C.
When the Common Council determines by resolution that the hearing on the assessments be held subsequent to the completion of the work or improvement or rendering of the service, the report required by § 66.0703(5), Wis. Stats., and Subsections A and B above shall contain a statement of the final cost of the work, service or improvement in lieu of an estimate of the cost.
The cost of any work or improvement to be paid
in whole or in part by special assessment on property may include
the direct and indirect cost thereof, the damages occasioned thereby,
the interest on bonds or notes issued in anticipation of the collection
of the assessments, a reasonable charge for the services of the administrative
staff of the City and the cost of any architectural, engineering and
legal services, and any other item of direct or indirect cost which
may reasonably be attributed to the proposed work or improvement.
The amount to be assessed against all property for any such proposed
work or improvement shall be apportioned among the individual parcels
in the manner designated by the Common Council.
A.
If any property deemed benefited shall by reason of
any provision of law be exempt from assessment therefor, such assessment
shall be computed and shall be paid by the City.
B.
A parcel of land against which has been levied a special
assessment for the sanitary sewer or water main laid in one of the
streets upon which it abuts shall be entitled to such deduction or
exemption as the Common Council determines to be reasonable and just
under the circumstances of each case when a special assessment is
levied for the sanitary sewer or water main laid in the other street
upon which such corner lot abuts. Under any circumstances the assessment
will not be less than the long way of such lot. The Common Council
may allow a similar deduction or exemption from special assessments
levied for any other public improvement.
A.
Notice requirements. On the completion and filing of the report with the City Clerk required in § 15-2B(5) of this chapter, the City Clerk or Public Works Director shall prepare a notice of hearing, which notice shall comply with § 66.0703(7), Wis. Stats., and state the nature of the proposed or approved work or improvement, the general boundary lines of the proposed assessment district and the place and time at which the report may be inspected. In publishing the notice of hearing, the City Clerk shall set the place and time at which all interested persons, their agents or attorneys may appear before the Common Council or Committee thereof and be heard concerning the matters contained in the preliminary resolution and report. Such notice shall be signed by the City Clerk who shall cause the same to be published at least once in the official newspaper and shall mail a copy of such notice at least 10 days before the hearing to every interested person whose post office address is known or can be ascertained with reasonable diligence. The hearing shall commence not less than 10 days and not more than 40 days after the publication or mailing of said notice.
B.
Waiver of notice, assessments under. The Council may,
without any notice of hearing, levy and assess the whole or any part
of the cost of any municipal work or whole or any part of the cost
of any municipal work or improvement as a special assessment upon
the property specifically benefited thereby whenever notice and hearing
thereon is in writing waived by all the owners of property affected
by such special assessment. In such cases, the procedure shall be
the same as hereinbefore provided excepting for the noticing and holding
of public hearing thereon.
A.
After the hearing, the Common Council may:
(1)
Approve, disapprove, modify or re-refer the report
to the Public Works Director with such directions as it deems necessary
to change the plans and specifications as to accomplish a fair and
equitable assessment.
(2)
Continue the public hearing, preliminarily approve
plans and specifications and, if the project requires advertising
for bids, authorize and direct the advertisement therefor with a date
certain for consideration and taking action thereon, inclusive of
action on said report and action on final resolution.
B.
If an assessment be made against any property and
an award of compensation or damage be made in favor of the property,
the Common Council shall assess only the difference between such assessment
of benefits and the award of compensation or damage.
C.
Work not approved or previously approved.
(1)
If the work or improvement has not been previously
authorized or approved, the Common Council shall approve the work
or improvement and by resolution direct that the same be done and
paid for in accordance with the report finally approved.
(2)
If the work or improvement has been approved by the
Common Council or work commenced or completed prior to the filing
of the report or prior to the hearing, then the Common Council shall
by resolution confirm the report as made or modified and provide for
payment in whole or in part by assessment.
D.
The Clerk shall publish the final resolution as required
in § 66.0703(8)(d), Wis. Stats.
E.
After the publication of the final resolution, any
work or improvement provided for and not yet authorized shall be deemed
fully authorized and all awards of compensation or damage and all
assessments made shall be deemed duly and properly made, subject to
the right of appeal by § 66.0703(12), Wis. Stats., or any
other applicable provision of law.
F.
As soon as the assessable cost of such work or improvement
is finalized, the City Clerk or City Treasurer shall issue respective
special assessment certificates for each property affected and specifying
the manner in which payment is to be made and shall send copy of the
respective assessment affecting each property to each owner's post
office address that is known or can be obtained with reasonable diligence.
If more than a single improvement is undertaken,
the Common Council may combine the assessments as a single assessment
on each property affected except that the property owner may object
to any one or more of said improvements.
If, after completion or after the receipt of bids, the actual cost of any work or improvement is found to vary materially from the original estimate, or the assessment is void or invalid for any reason, or if the Common Council determines to reconsider an assessment, it is empowered, after giving notice as required in § 15-5, to amend, cancel or confirm any prior assessment; and notice of this amending, canceling or confirming shall be given by the City Clerk as provided in § 15-6 of this chapter.
If the cost of the work or improvement is less
than the assessment levied, the Common Council without notice or hearing
shall reduce each assessment proportionately. If the assessment has
been paid either in part or in full, the City shall refund the property
owner such overpayment.
A.
Any person against whose property a special assessment
is levied under this chapter may appeal therefrom in the manner prescribed
by § 66.0703(12), Wis. Stats., as amended, within 90 days
of the date of the final determination of the Common Council.[1]
B.
Pursuant to § 66.0703(12)(f), Wis. Stats.,
it shall be a condition to the maintenance of any appeal that any
assessment appealed shall be paid when due and payable, and upon default
in payment any such appeal shall be dismissed.
A.
Payment of special assessments.
(1)
Without interest. Upon receipt of copy of special
assessment certificate, any person may pay the same in full, without
interest, if paid to the City Treasurer within the grace period therein
allowed and as allowed in the final resolution.
(2)
After grace period. If any special assessment, or
any part thereof, remains unpaid following the running of the grace
period specified for payment without interest, at time of preparation
of the first tax roll thereafter the same, together with interest
computed thereon at the interest rate established in said final resolution
and in said certificates computed from the date of levy (i.e., date
of final resolution) or the finalizing of assessable costs, whichever
is later, shall be entered in such tax roll in such manner as directed
in said final resolution and certificate; thereafter, if the same
be payable in installments, subsequent installments together with
interest at said rate computed on declining balance shall be entered
in subsequent tax rolls until fully paid. This provision is in no
way intended to prohibit the prepayment of the balance owning at any
time on principal together with interest to date of payment only.
B.
Assessment a lien. Pursuant to Subsection (13) of
§ 66.0703, Wis. Stats., any special assessment levied under
this chapter shall be a lien on the property against which it is levied
on behalf of the City. The Common Council shall provide for the collection
of such assessments and may establish penalties for payment after
the due date. The Common Council shall provide that all assessments
not paid by the date specified shall be extended upon the tax roll
as a delinquent tax against the property and all proceedings in relation
to the collection of such delinquent taxes shall apply to such assessment,
except as otherwise provided by statute.
A.
In addition to all other methods provided by law,
special charges for current services may be imposed by resolution
by the Common Council by allocating all or part of the cost of the
service to the property served. Such resolution shall set forth the
property location, the current service rendered by the City and the
special charge therefor or cost thereof. Such resolution for special
charges may include snow and ice removal, weed elimination, street
sprinkling, oiling or tarring, emergency repair of sidewalks or curb
and gutter, garbage and refuse disposal, sewer and water service and
tree care or removal. The Common Council may determine the manner
of providing notice of a special charge. Before a special charge for
street tarring or the repair of sidewalks, curbs or gutters may be
imposed, the Common Council shall conduct a hearing on whether the
service in question will be funded in whole or in part by a special
charge. Notice of the hearing shall be given as provided in § 66.0627(3)(b),
Wis. Stats.[1]
B.
Special charges for current services shall not be payable installments. If not paid within the period fixed by the Common Council in said resolution, such delinquent special charges, pursuant to § 15-11, shall become a lien on said property as of the date of such delinquency and shall automatically be extended upon the current or next tax roll as a delinquent tax against the property, as provided by § 66.0627, Wis. Stats., and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special charge. Notice of special charges for current services need not be given except as required by § 66.0627, Wis. Stats., as amended.
A.
If any assessment or charge levied under this chapter
is invalid because such statutes are found to be unconstitutional,
the Common Council may thereafter reassess such assessment or charge
pursuant to the provisions of any applicable law.
B.
The Common Council may, without notice or hearing,
levy and assess all or any part of the cost of any work or improvement
upon the property benefited if notice and hearing is waived in writing
by property owners affected.
C.
Notwithstanding any other provision of law, of this
chapter or other ordinance or resolution, it is specifically intended
and provided by this chapter that the City may levy special assessments
for work or improvement against the property benefited either before
or after the approval of the work plans and specifications, contracting
for the work or completing the work or improvement.
As an alternative to any other financing method,
the Common Council may provide for the payment of the initial cost
of any public improvement from the proceeds of special assessment
"B" bonds issued under § 66.0713(4) and (5), Wis. Stats.
Special assessments to retire such bonds and pay the interest thereon
shall be levied under § 66.0703, Wis. Stats., payable in
such installments at a rate to be determined by the Council based
upon borrowed money rates at the time of the special assessment.
A.
General policy. The policies in this article shall
provide the basis for special assessment to owners for street and
utility construction within the City of Bayfield.
B.
ABUTTING FRONTAGE
BUILDING SETBACK LINE
IRREGULAR LOT
LONG FRONTAGE
REMOTE LOTS
SHORT FRONTAGE
SUBDIVISION
Definitions. The following definitions shall be applicable
in this article:
The part of a lot, parcel, or property which abuts or fronts
on an improvement.
In accordance with Chapter 500, Zoning, of the Code of the City of Bayfield.
A lot within a subdivision abutting cul-de-sac or curved
street approximately equal in area to other lots within the subdivision;
however, having unusually short abutting frontage in comparison to
the other lots.
The long dimension of a corner lot regardless of the house
orientation.
Lots or parcels without abutting frontage which receive benefit
from the improvement.
The short dimension of a corner lot regardless of the house
orientation.
As defined in Chapter 474, Subdivision of Land, of the Code of the City of Bayfield.
A.
Street construction on existing streets. Street construction
on existing streets shall be completed by the City or City contractor.
The cost of the concrete curb and gutter driveway, entrances, boulevard
restoration and sidewalk shall be assessed against abutting frontage.
Boulevard restoration shall be performed by the property owner. The
boulevard restoration shall be completed within three months.
B.
New street construction on unopened but previously
platted streets. (Shall not apply to new subdivisions). Street construction
on unopened but previously platted residential streets shall be completed
by the City or City contractor and the cost of clearing and grubbing
trees, grading, concrete curb and gutter, subbase course, base course,
bituminous surfacing, driveway entrances, sidewalk and boulevard restoration
shall be assessed against the butting frontage.
C.
New utilities in existing streets and previously platted
unopened streets. New sanitary sewer and water main up to eight inches
in diameter and sewer services shall be constructed by the City or
contractor hired by the City and assessed against abutting or benefitting
property. New water services within the street right-of-way shall
be constructed by the City or a contractor (hired by the City), and
the cost assessed against the abutting or benefitting property. The
cost of fire hydrants, hydrant lead, valves and fittings, and the
additional cost of sanitary sewer and water main sizing in excess
of eight inches in diameter shall be paid by the City or water utility.
D.
Replacement utilities. The cost of replacement of
existing sanitary sewer and water main shall be paid by the appropriate
utility. The cost of replacing sanitary sewer service lines from the
sanitary sewer in the street to the property line shall be assessed
to the benefiting property at actual replacement cost. The City water
utility shall replace existing defective water services of the same
size from the water main to the curb stop at no cost to the property
owner.
E.
Undersized utilities. If requested, utilities can be upgraded at the benefitting property owner's expense as outlined in Subsection C.
F.
Sidewalk and driveway entrances. The cost for removals,
construction and boulevard restoration for sidewalk and driveway entrances
shall be assessed against the abutting property. Boulevard restoration
shall be performed by the property owner within three months.
G.
Culverts. The cost of furnishing and installing new and replacement culverts required at driveway entrances on streets with ditches shall be paid for by the property owner. The City shall determine the length and size of culverts to be installed; however, the minimum size shall be in accordance with § 206-2 of the Code of the City of Bayfield. In certain instances, where street improvement or drainage improvement projects are being conducted, the Public Works Director may determine that replacement of existing culverts may be made by having the property owner purchase the materials, but installation may be made by the Public Works Department.
H.
Alleys. Alley construction on any platted alleyway
shall be completed by the City of Bayfield or City contractor. The
cost for improvements including clearing, grubbing trees, grading,
gravel, and/or blacktopping shall be assessed against abutting or
benefiting property owner.
[Added 5-20-2004 by Ord. No. 316]
A.
General assessment policies. The following formulas
shall apply to all of the aforementioned improvement projects to be
assessed to property owners:
(1)
Each of the capital improvements may be assessed separately
or combined for assessment purposes.
(2)
The overhead costs for engineering and construction
staking and inspection shall be included as a part of the total improvements
and assessed against the abutting property in accordance with the
aforementioned policies. A charge equal to 20% of the construction
cost shall be made if it is not possible to determine the exact amount
of the overhead costs applicable to a particular improvement.
(3)
The cost of improvements abutting an alley or street
right-of-way shall be included in the total project cost and assessed
against the assessable abutting frontage.
(4)
The following formula shall be the basis for making assessments on all improvements except as otherwise indicated in § 15-18 or excepted below:
(5)
Property owners may petition the Common Council or
the Common Council may determine to have assessments made on a unit
basis. In such cases, the property owner's share of the improvements
costs shall be determined by using the above assessment formula and
the cost distributed to each lot over the improvement area in accordance
with this chapter.
(6)
Payment.
(a)
Upon completion of the improvement, the assessment
may be paid in full without interest within 90 days following the
mailing by the City Treasurer to the property owner of an itemized
statement setting forth the amount due; provided, however, when the
total assessment as to any property owner exceeds $250, the following
payment schedule will be used:
|
Total Assessment
|
Time Period
| |
|---|---|---|
|
$0 to $249
|
90 days
| |
|
$250 to $500
|
2 years
| |
|
$501 to $750
|
4 years
| |
|
$751 to $1,000
|
5 years
| |
|
Over $1,001
|
10 years
|
(b)
The remaining balance can be paid off at any
time. Interest will be applied to all assessments over $250 for the
assessment project, unless paid in full prior to loan.
(c)
If the project proceeds to completion and the
owner sells any of his/her property subject to special assessment(s)
for the project not yet paid in full by the time of sale or transfer,
the owner shall pay such assessment(s) in full at the time of sale.
(7)
The assessments established herein shall constitute
a special assessment and lien against the abutting property involved;
and, in the event that default shall be made in payment of any part
thereof when due and payable, the part of said assessment in default
shall be collected in the form and manner provided by the Wisconsin
Statutes for the payment and collection of special assessments.
B.
Specific assessment policies.
(1)
Driveway entrances. Property owners shall be assessed
100% of the cost of new/reconstructed driveway entrances on the basis
of abutting frontage.
(2)
Sidewalk. Property owners shall be assessed 100% of
the cost of sidewalk construction, repair or reconstruction on the
basis of abutting frontage. However, sidewalk assessments for corner
lots shall be as follows:
(a)
100% of the short frontage cost will be assessed
to the owner of the abutting frontage; and
(b)
Long frontage:
[1]
50% of the long frontage will be assessed to
the property owner. The long frontage is the avenue side of the City
lots. The long frontage of City lots are 120 feet in length.
[2]
All property owners will pay for the first 60
feet of the long frontage. The City will pay for all sidewalk over
60 feet, but not more than 120 feet of the long frontage.
[3]
Any long frontage over 120 feet is considered
an irregular lot. The property owner is responsible for all sidewalk
adjoining an irregular lot over 120 feet in length.
[4]
The City will pay for 60 feet of sidewalk/curb/gutter
on long frontage of corner lots, only when the replacement is part
of the special assessment process.
[5]
Records will be kept by the City that show the
amount of sidewalk paid for by the property owner/City on the avenue
side of each corner lot.
(3)
Streets. Special assessments are not used for street
reconstruction or overlay projects. In the case of new street construction,
the adjacent property owner/developer shall be responsible for 100%
of the cost.
(4)
Water, sewer and street assessment options. In the
case of new extensions/construction of water and sewer mains or streets,
the adjacent property owner/developer has the following two options:
A.
If at any time after the installation of any sanitary
sewer or water main for which no special assessment has been made
for such improvements the owner of a lot or parcel of land which abuts
or fronts upon such improvement has connected to such sanitary sewer
or water main, such owner shall be required to pay a connection charge
therefor in lieu of assessment. The amount of the in-lieu-of-assessment
charge may be established in advance by the Common Council at the
time of the construction of the improvement; and, in those cases where
the in-lieu-of-assessment charge has not been or is not established
in advance by the Common Council, the charge shall be the then current
cost for similar improvements in the City of Bayfield. However, in
no case shall the in-lieu-of-assessment charge exceed the benefit
bestowed upon the abutting property.
B.
Procedures.
(1)
When an in-lieu-of-assessment charge is determined
at the time of the construction of the improvement, the procedure
set forth in § 66.0703, Wis. Stats., shall apply. When an
in-lieu-of-assessment charge is determined after construction of the
improvement, the Common Council shall give written notice to the property
owner, if the property owner wishes to object to such charge, he shall,
within 10 days after the receipt of such written notice, petition
the Common Council in writing for a hearing thereon, which petition
shall be filed with the City Clerk. Upon the filing of such written
petition by the property owner, a hearing shall be held not less than
10 days nor more than 40 days after such petition is filed, and the
Common Council shall then determine the amount of the in-lieu-of-assessment
charge to be made. Upon the determination by the City Council of the
amount of the in-lieu-of-assessment charge to be made, the appeal
rights of the property owner shall be governed by the provisions of
§ 66.0703(12), Wis. Stats.
(2)
When an in-lieu-of-assessment charge shall have been
made or is made, the property owner shall be required to pay the same
before any connection to said sanitary sewer or water main is made.
Any part of said in-lieu-of-assessment charge not paid when due shall
constitute a lien against the abutting property involved and shall
be collected in the form and manner provided by the Wisconsin Statutes
for payment collection of special assessments. The City Clerk shall
maintain a map and such records as may be required to designate the
location where such charges are payable and ensure their payment and
collection when due.
C.
It is intended that the connection charge in lieu
of special assessment be established when utility improvements abut
open or agricultural property and are being constructed to serve another
development or the general City needs, and there is not immediate
benefit to the property.
If financial assistance is received from the
federal government, State of Wisconsin and/or Bayfield County to defray
a portion of the cost of an improvement, such aid shall be first used
to defray the City general, water or wastewater utility share of the
project cost. If the aid received is more than the amount of the improvement
cost to be paid by the City general fund, water or wastewater utility,
the remainder of the aid will be used to reduce the assessment against
abutting property owners; such reduction to be applied to each individual
assessment portion to the ratio of that assessment to the total assessment
for the project.
