[Adopted 5-21-2001 by Ord. No. 2001-01 as Title 3, Ch. 2 of the 2001 Code
A.
The City of Weyauwega, by resolution of its City 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 article.[1]
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 power,
the assessment shall be upon a reasonable basis as determined by the
City Council.
C.
The favored procedure in the City for proceeding with
making specially assessable public improvements as generally set forth
in this article 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
article intended to be an exhaustive, detailed recodification of the
state law under § 66.0703, Wis. Stats. Detailed requirements
still require reference to said § 66.0703 and the subsections
thereunder. The purpose hereof is to generally define and establish
local procedures.[2]
A.
Public improvements carried out pursuant to § 66.0703,
Wis. Stats., and this article shall be initiated by a preliminary
resolution presented to the Council by the City Engineer, 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, and the number of installments in which
special assessment may be paid or that the number of installments
will be determined at the hearing thereon, and direct the City Engineer
to make a report thereon. After adoption of such preliminary resolution
by the City Council, copies thereof shall be forwarded by the City
Administrator to the City Engineer. The City Administrator 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 City Engineer. Upon receipt of a copy of such preliminary
resolution, the City Engineer shall prepare the report thereon.
B.
C.
A copy
of the report when completed shall be filed with the City Administrator
for public inspection.
D.
When the City 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(4), Wis. Stats., and this section
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 City 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 City 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 City 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 and final resolution with the City Administrator required in § 55-18 of this article, the City Administrator or City Engineer 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 Administrator shall set the place and time at which all interested persons, their agents or attorneys may appear before the City 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 Administrator, 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 and hearing. The Council may, without
any notice or hearing, levy and assess the 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 are 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 except for the noticing
and holding of a public hearing thereon.
A.
After the hearing, the City Council may:
(1)
Approve, disapprove, modify or re-refer the report
to the City Engineer 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 is made against any property and
an award of compensation or damage is made in favor of the property,
the City Council shall assess only the difference between such assessment
of benefits and the award of compensation or damage.
C.
Payment.
(1)
If the work or improvement has not been previously
authorized or approved, the City 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
City Council or work commenced or completed prior to the filing of
the report or prior to the hearing, then the City Council shall by
resolution confirm the report as made or modified and provide for
payment in whole or in part by assessment.
D.
The City Administrator shall publish the final resolution as required in § 55-18 of this article.
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 under § 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 Administrator shall issue respective special
assessment certificates for each property affected and specifying
the manner in which payment is to be made and shall send a 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 City 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 City Council determines to reconsider an assessment, it is empowered, after giving notice as required in § 55-21, to amend, cancel or confirm any prior assessment; and notice of this amending, canceling or confirming shall be given by the City Administrator as provided in § 55-22 of this article.
If the cost of the work or improvement is less
than the assessment levied, the City 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 article 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 City Council.[1]
B.
Pursuant to § 66.0703, 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 a copy of a special
assessment certificate, any person may pay the same in full, without
interest, if paid to the City Administrator 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 the 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
is 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 owing at any
time on principal together with interest to date of payment only.
B.
Assessment a lien. Pursuant to § 66.0703(13),
Wis. Stats., any special assessment levied under this article shall
be a lien on the property against which it is levied on behalf of
the City. The City Council shall provide for the collection of such
assessments and may establish penalties for payment after the due
date. The City 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.
Special charges authorized. In addition to all other
methods provided by law, special charges for current services rendered
may be imposed by the City by allocating all or part of the cost to
the property served. Such may include, without limitation because
of enumeration:[1]
(1)
Snow and ice removal.
(2)
Snow
removal from private roads and driveways under § 86.105,
Wis. Stats.
(3)
Lawn and weed elimination.
(4)
Water bills for water furnished.
(5)
Electric bills for electric energy.
(6)
Sewer use charges.
(7)
Tree care.
(8)
Garbage and refuse collection and disposal and recycling.
(9)
Street
sprinkling, oiling and tarring.
(10)
Repair
of sidewalks or curb and gutter.
(11)
Stormwater
management, including construction of stormwater management facilities.
(12)
Soil
conservation work under § 92.115, Wis. Stats.
(13)
Loan
repayment under § 70.57(4)(b), Wis. Stats.
B.
Payment. If the amounts due the City of Weyauwega
for the current services are not paid within 20 days of the date of
billing, the City Administrator shall send a notice of the delinquent
bill to the customer and to the property owner by mail.
C.
Notice; hearing.
(1)
The notice referred to in Subsection B shall contain the following statement: "You are entitled to a hearing before the City Council of the City of Weyauwega to dispute the amount of this charge. You must request this hearing by notifying the City Administrator in writing within 10 days of the date this notice was mailed."
(2)
The City Administrator shall set the date and time
for hearing upon receiving a written request. This hearing shall be
held before the City Council of the City of Weyauwega.
(3)
At the time of the hearing referred to in Subsection C(2) above, the City Council shall hear all evidence brought before it concerning the correctness of the amount billed by the City of Weyauwega in accordance with this section. At the conclusion of this hearing, the City Council shall decide the amount due the City of Weyauwega. All parties in attendance shall be notified of the Council's decision.
(4)
If the amount determined to be due the City of Weyauwega after the hearing is not paid within five days from the date of the Council's decision, then this amount shall become a lien upon the real property served by the current service referred to in Subsection A above. This shall be accomplished pursuant to the power granted the City of Weyauwega by § 66.0627, Wis. Stats.
(5)
If a hearing is not requested in accordance with this section, then the amount due the City of Weyauwega shall become a lien upon the real property served by the current service referred to in Subsection A upon the expiration of 12 days from the date the notice referred to in Subsection C(1) above was mailed. This shall be accomplished pursuant to the power granted the City of Weyauwega by § 66.0627, Wis. Stats.
(6)
This section shall not prevent the City of Weyauwega
or its utilities from disconnecting service for nonpayment of bills.
D.
Lien. Special charges for current services shall not be payable installments. If not paid within the period fixed by the City Council, such delinquent special charges, pursuant to § 55-27, 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 article
is invalid because such statutes are found to be unconstitutional,
the City Council may thereafter reassess such assessment or charge
pursuant to the provisions of any applicable law.
B.
Notwithstanding any other provision of law or this
article or other ordinance or resolution, it is specifically intended
and provided by this article 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 City 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), Wis. Stats. Special assessments
to retire such bonds and pay the interest thereon shall be levied
under § 66.0713(4), 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.
Generally. All sanitary sewer, curb and gutter extensions, and other special benefits shall be extended or constructed on either a special assessment or cost advancement basis, except extensions that are part of a new subdivision governed by Chapter 520, Subdivision of Land, of this Code of Ordinances.
B.
Special assessment. Sewer main, curb and gutter, and
other special benefit extensions shall be financed by special assessments
when deemed advisable by the City Council. In general, the special
assessment method shall be used for main extensions to service areas
in immediate need of service or which are deemed likely to develop
and need service within 10 years. All special assessments shall be
levied in accordance with the provisions of § 66.0703, Wis.
Stats., and of this article.
C.
Footage rates. Special assessments shall be levied
upon abutting property on a footage basis. The amount levied for each
foot of abutting property shall be determined either annually by resolution
of the City Council or at the time any project has been approved by
the City Council. Any project shall be governed by the provisions
of § 66.0703, Wis. Stats.
D.
Cost advancement. Sewer main and curb and gutter extensions
shall be financed by cost advancements when deemed advisable by the
City Council. In general, the cost advancement method shall be used
only when application is made for public sewerage service or curb
and gutter which would require the extension of mains or curb and
gutter through sparsely occupied areas to serve such applicant, or
through areas which in the judgment of the City Council are unlikely
to develop extensively within the next 10 years. When extensions are
authorized on a cost advancement basis, the procedure shall be as
follows:
(1)
The applicant shall deposit with the Administrator
a sum sufficient to pay the total estimated cost of the extension,
less unapportionable costs, if any.
(2)
Such deposit shall be made before construction is
started or contracted. If the actual apportionable cost shall be less
than the amount deposited, the excess of the deposit over the cost
shall be refunded to the applicant within 30 days after payment for
the completed project. If the apportionable cost shall exceed the
deposit, the applicant shall pay the deficiency prior to the granting
of sewerage service.
(3)
Any property connected to such sewerage main after
its installation, other than the applicant, shall pay to the City
the connection charge as determined by the City Council, which shall
be equivalent to the amount of front footage special assessments which
would have been levied by the City at the time such extension was
made.
E.
Unapportionable costs. For the purpose of this section,
unapportionable costs shall include any additional expenses incurred
for the installation of sewer mains in excess of eight inches in diameter.
F.
Lateral connection fee. No connection shall be made
to any sewer by the City unless a lateral connection fee shall have
been paid therefor. Such lateral connection fee shall be determined
from time to time by the City Council by resolution on the basis of
average and previous estimated costs.
G.
Main connection fee. Except as provided in Subsection C, no connection shall be made to the sanitary sewer main of the City unless special assessments have been levied on such property or until a main connection fee is paid therefor. Such main connection fee shall be equal to the amount which would have been paid if special assessments had been levied therefor.
H.
Payment. Unless otherwise provided in the preliminary
or final special assessment resolutions, all special assessments levied
under this section may be paid in three equal annual installments
with interest at the rate of 8% per annum or as determined by the
City Council in accordance with § 66.0715, Wis. Stats. The
City Council may by resolution permit the deferred payment of special
assessments on unplatted and undeveloped property until the property
is connected to the main, but not longer than 10 years following the
date of the levy, in accordance with § 66.0715(2), Wis.
Stats.
