[HISTORY: Derived from 1988 Codified Ordinances of the Mayor and
City Council. Amendments noted where applicable.]
GENERAL REFERENCES
Special assessments — See Charter Sec. 35.
Special assessment for tree planting — See Ch. 186.
The procedure for special assessments shall be as provided herein.
The cost of the project being charged for shall be assessed according
to the front-foot rule of apportionment or some other equitable basis determined
by the Mayor and City Council.
The amount assessed against any property for any project or improvement
shall not exceed the value of the benefits accruing to the property therefrom,
nor shall any special assessment be levied which shall cause the total amount
of special assessments levied by the City and outstanding against any property
at any time, exclusive of delinquent installments, to exceed 25% of the assessed
value of the property after giving effect to the benefit accruing thereto
from the project or improvement for which assessed.
When desirable, the affected property may be divided into different
classes to be charged different rates, but, except for this, any rate shall
be uniform.
A.
All special assessment charges shall be levied by the
Mayor and City Council by ordinance. Before levying any special assessment
charges, the Mayor and City Council shall hold a public hearing. The Director
of Administration shall cause notice to be given stating:
(1)
The nature and extent of the proposed project;
(2)
The kind of materials to be used;
(3)
The estimated cost of the project;
(4)
The portion of the cost to be assessed;
(5)
The number of installments in which the assessment may
be paid;
(6)
The method to be used in apportioning the cost; and
(7)
The limits of the proposed area of assessment.
B.
The notice shall also state the time and place at which
all persons interested, or their agents or attorneys, may appear before the
Mayor and City Council and be heard concerning the proposed project and special
assessment.
C.
Such notice shall be given by sending a copy thereof
by mail to the owner of record of such parcel of property proposed to be assessed
and to the person in whose name the property is assessed for taxation and
by publication of a copy of the notice at least once in a newspaper of general
circulation in the City.
D.
The Director of Administration shall present at the hearing
a certificate of publication and mailing of copies of the notice, which certificate
shall be deemed proof of notice, but failure of any to receive the mailed
copy shall not invalidate the proceedings.
E.
The date of hearing shall be set at least 10 and not
more than 30 days after the Director of Administration shall have completed
publication and service of notice as provided in this section.
F.
Following the hearing, the Mayor and City Council in
its discretion may vote to proceed with the project and may levy the special
assessment.
Special assessments may be made payable in annual or more frequent installments
over such period of time, not to exceed 30 years, and in such manner as the
Mayor and City Council may determine. The Mayor and City Council shall determine
on what date installments shall be due and payable; interest may be charged
in installments at the rate to be determined by the Mayor and City Council.
All special assessment installments shall be overdue six months after
the date on which they become due and payable. All special assessments shall
be liens on the property, and all overdue special assessments shall be collected
in the same manner as City taxes or by suit at law.
All special assessments shall be billed and collected by the Director
of Administration.
