[Adopted 1-7-1997 as Ch. 29 of the 1997 Code]
A.
The Town, by resolution of its Town Board, 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 shall provide for the payment of all or any
part of the costs of the work or improvement in accordance with the
current policy as adopted by the Town Board by written resolution.
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 of the benefits accruing to the property
therefrom, and for those representing an exercise of the police powers,
the assessment shall be upon a reasonable basis as determined by the
Town Board. Reasonable basis shall include all costs of construction,
including but not limited to all legal, engineering, and publication
costs associated with such work or improvement.
A.
Prior to making any such special assessments, the Town Board shall declare by preliminary resolution its intention to exercise such powers for a stated municipal purpose. Such resolution shall describe generally the contemplated purpose, the limits of the proposed assessment district, and the number of installments in which the special assessment may be paid, or that the number of installments will be determined at the hearing required under § 57-8, and shall direct the proper municipal officer, agent or employee to make a 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.
(3)
An estimate, as to each parcel of property affected,
of the assessment of benefits to be levied.
(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 powers.
C.
A copy of the report when completed shall be filed
with the Town Clerk for public inspection.
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 costs thereof, 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 Town, the
cost of any architectural, engineering and legal services, and any
other direct or indirect costs 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 Town
Board.
[Amended 12-20-2011 by Ord. No. 2011-30]
On the completion and filing of the report required in § 57-6, the Town Clerk shall give notice stating the nature of the proposed or approved work or improvement, the general boundary lines of the proposed assessment district, the place and time at which the report may be inspected, and the place and time at which all interested persons, their agents or attorneys may appear before the Town Board and be heard concerning the matters contained in the preliminary resolution report. Such notice shall be given by publication in the official municipal newspaper and be posted in not fewer than three public places within the Town, and a copy of said notice shall be mailed to each interested person whose post office address is known. The hearing shall commence not less than 10 days and not more than 40 days after the publication and posting of said notice by the Town Clerk.
A.
After the hearing, the Town Board may approve, disapprove,
modify or refer the report to the designated officer or employee with
such directions as it deems necessary to change the plans and specifications
so as to accomplish a fair and equitable assessment.
B.
As the work or improvement has not been previously
authorized or approved, the Town Board 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.[1]
C.
The Town Clerk shall publish the final resolutions
as required by state statute and consistent with the provisions of
this article.
D.
After the publication of the final resolution, any
work or improvement provided for and not yet authorized shall be deemed
fully authorized and all assessments made shall be deemed duly and
property made, subject to the right of appeal under § 66.0703(12),
Wis. Stats., or any other applicable provision of law.
If more than a single improvement is undertaken,
the Town Board may combined 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 Town Board determines to reconsider an assessment,
the Town Board is empowered, after giving notice as required, to amend,
cancel or confirm any prior assessment, and notice of this amending,
canceling or confirming shall be given by the Town Clerk.
If the cost of the work or improvement is less
than the assessment levied, the Town Board shall reduce each assessment
proportionately. If the assessment has been paid either in part or
in full, the Town shall refund the property owner any such overpayment.
Consistent with § 66.0703(12)(f),
Wis. Stats., it shall be a condition to the maintenance of any assessment
appeal that any assessment shall be paid when due and payable, and
upon default in payment any such appeal shall be dismissed.
Any special assessment shall be a lien on the
property against which it is levied on behalf of the Town. The Town
Board shall provide for the collection of such assessments and may
establish penalties for payment after the due date. The Town Board
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.
If any assessment levied under this chapter is invalid
because certain underlying statutes are determined to be unconstitutional,
the Town Board may thereafter reassess such assessment pursuant to
the provisions of any applicable law.
B.
The Town Board may, without notice or hearing, levy
and assess all or any part of the cost of any work or improvement
upon property benefitted if notice and hearing are specifically waived
in writing by the property owner(s) affected.
All special assessment taxes levied by the Town
shall be paid by taxpayers as set forth in the Town of Grand Chute
Special Assessment Policy, as revised, which is herein adopted by
reference.
Costs of improvements shall be charged per the
Town of Grand Chute Special Assessment Policy, as revised, which is
herein adopted by reference.
Special assessments for these types of parcels
shall be assessed as provided by the written resolution of the Town
Board in its policy on special assessments.
Intermittent general maintenance of streets
shall not be subject to special assessments when such maintenance
consists of the application of a covering mat or overlay no greater
than 1 1/4 inches in depth. Any such applications that exceed
1 1/4 inches in depth shall be subject to the assessment process
as set forth in this article and the Special Assessment Policy, as
revised, which is herein adopted by reference.
[Added 5-20-2003; amended 7-15-2003]
A.
Purpose. The Town of Grand Chute often imposes on
private developers requirements to install public streets and/or utilities
as a condition for developing property in the Town. It has been determined
by the Grand Chute Town Board that there is a need for procedures
enabling the Town of Grand Chute to make special assessments to benefited
property for installing or constructing public works or improvements,
pertaining to those installed by private developers, such as roads
and utilities, which are then dedicated to the public upon completion.
This is partially justified when such public works and improvements
are designed or engineered to specially benefit other private properties,
in addition to those owned by the developer, when such work is required
by the Town and the developer is required to dedicate the improvements
to the Town as public facilities upon completion. The Town Board finds
that it is reasonable, necessary, and justifiable to make special
assessments against properties benefited by such public works and
improvements and to collect such assessments and distribute all or
a portion of the assessments so collected to the developer initially
incurring the cost for such improvements. There is also a need to
make special assessments, in certain circumstances, after work has
started or after improvements have been completed, under either § 66.0701
or 66.0703, Wis. Stats., whether the work is undertaken by the Town
or by the developer.
B.
Exclusions. Nothing herein shall preempt the rights
of a developer to receive cost recovery for sewer main extension contributions
to the extent allowed under Ch. PSC 187, Wis. Adm. Code, involving
connections to property outside of a development within three years
after the date of completion of sewer main installation under § PSC
187.05(3), Wis. Adm. Code.
C.
Special assessment under § 66.0701, Wis.
Stats. The Town of Grand Chute is hereby authorized by action of the
Town Board to make special assessments pursuant to § 66.0701,
Wis. Stats., for benefited property for public work or improvements
constructed or installed by private developers which have been or
will be dedicated to the Town for public purposes upon completion.
Such assessments will be made in accordance with the police powers
of the Town of Grand Chute.
D.
Amount of assessment. The amount of assessment to
be determined due from property benefited shall be in such amounts
and assessed on a reasonable basis in accordance with those standards
generally established as a reasonable basis for assessments as set
forth in § 66.0703(1)(b), Wis. Stats., which standard is
hereby adopted by reference.
E.
Notice and hearing. Prior to the imposition of any
assessment pursuant to this section, all property owners to be assessed
shall be given written notice of the time and place at which a public
hearing will be held before the Town Board. Any property owner so
notified of the public hearing who does not appear shall be deemed
to have waived his rights to be heard; however, objections or comments
pertaining to the special assessment proposed may be submitted by
affected property owners to the Board in advance of the hearing in
writing.
F.
Form of notice. The notice to be given for purposes
of the public hearing required under this section shall include a
description of the work or improvement and/or the location of the
work or improvement, the total actual or estimated cost of the work
or improvement, the total portion or fraction of the estimated or
actual cost of the work or improvement which will be assessed, a listing
of all properties to be assessed for the specific work or improvement
involved, a declaration that the properties being assessed are benefited
in whatever manner determined by the Town Board, and the amount of
dollars to be assessed in terms of payment for each property against
which the assessments will be imposed. Publication in a newspaper
is not required for assessments under this notice. Such notice of
public hearing shall be mailed by regular mail to the property owner
affected to the address to which real estate tax bills are mailed
by the Town for the properties affected.
G.
Levy. Following the public hearing, the Town may levy
the special assessments against the property affected on a reasonable
basis. This levy shall be imposed by action of the Town Board approving
the amount of assessment to be levied to each property. Upon such
action, which shall be deemed the final determination of the Board,
this levy shall be deemed to have been made. Notice of the Board's
determination of the final levy shall be mailed to each property owner
affected by first-class mail to the address to which real estate tax
bills for the property being assessed are mailed by the Town. This
determination shall be made in the form of a final assessment resolution
passed by the Town Board.
H.
Appeal. Within 40 days of the date of the final determination
of the governing body of the amount of levy to be imposed, any person
against whose land a special assessment is levied under this section
may appeal in the manner prescribed in § 66.0703(12), Wis.
Stats., by filing a written petition with the Circuit Court and bond
for costs within 40 days of the date of the final determination of
the governing body.
I.
Disbursement of assessment proceeds. The Town Board,
as part of its final determination to levy assessments for public
improvements made by private developers pursuant to this section,
may also determine at the time of the final determination or thereafter
the persons or entities to whom or to which such collected special
assessments shall be distributed for purposes of equitably reducing
the costs incurred for the construction of the public work or improvement
by such person or entity as thereafter dedicated to the Town upon
completion.
J.
Special assessments under § 66.0703, Wis.
Stats. The Town, in its discretion, may also make assessments against
benefited property in its discretion under § 66.0703, Wis.
Stats., procedures whenever deemed appropriate for public improvements
constructed or installed by the Town.
K.
Time of assessment proceedings. Special assessments
and proceedings under this section may be made either prior to or
subsequent to completion of the public work or improvement for which
assessments hereunder are being imposed. Such assessments and proceedings
may be made either pursuant to § 66.0701, Wis. Stats, and
this section or under § 66.0703, Wis. Stats.
L.
Lien. Special assessments imposed by this section
shall constitute a lien against the property from the date of the
levy.
[Added 12-20-2011 by Ord.
No. 2011-30]
A.
In addition
to all other methods provided by law, special charges for current
services may be imposed by the Town Board by allocating all or part
of the cost of the service to the property served. Such services may
include snow and ice removal, weed elimination, street repair, street
paving, repair of sidewalks and trails or curb and gutter, garbage
and refuse disposal, recycling, stormwater management, including construction
of stormwater management facilities, tree care, removal and disposition
of dead animals under § 60.23(20), Wis. Stats., loan repayment
under § 70.57(4)(b), Wis. Stats., soil conservation work
under § 92.115, Wis. Stats., and snow removal under § 86.105,
Wis. Stats. The Town Board may determine the manner of providing notice
of a special charge, except that before a special charge for street
repair or the repair of sidewalks and trails or curbs or gutters may
be imposed, notice and a public hearing shall be provided as set forth
in § 66.0627(3)(b),Wis. Stats.
