[Adopted 7-22-1993 as Title 3, Ch. 2, of the 1993 Code]
A.
The City of Marion, 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 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 Common 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 statutory section 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 Common Council, copies thereof shall be forwarded by the City
Clerk-Treasurer to the City Engineer. The City Clerk-Treasurer shall
forthwith, after adoption of such preliminary resolution, obtain a
list of 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 copy of such preliminary
resolution, the City Engineer shall prepare the report thereon.
B.
Report.
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 in § 66.0703(4), Wis. Stats., and Subsections A and B above will 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 improvements.
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 and 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 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 public improvement.
A.
Notice requirements. On the completion and filing of the report and final resolution with the City Clerk-Treasurer required in § 84-18 of this article, the City Clerk-Treasurer or City Engineer shall prepare a notice of hearing, which notice shall comply with § 66.0603(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-Treasurer 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-Treasurer, 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 that 10 days and not more than 40 days after the publication or mailing of said notice.
B.
Waiver of notice. 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
excepting for the noticing and holding of a public hearing thereon.
A.
After the hearing, the Common 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 Common Council shall
assess only the difference between such assessment of benefits and
the award of compensation or damage.
C.
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. 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.
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-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 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 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 § 84-21, to amend, cancel or confirm any prior assessment, and notice of this amending, canceling or confirming shall be given by the Clerk-Treasurer as provided in § 84-22 of this article.
If the cost of the work or improvement is less that 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 article may appeal therefrom in the manner prescribed by
§ 66.0703(12), Wis. Stats., as amended, within 40 days of
the date of the final determination of the Common Council.
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 a special assessment certificate,
any person may pay the same in full, without interest, if paid to
the City Clerk-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
certificate 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 the 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 the 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
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 of 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 and tarring,
repair of sidewalks or curb and gutter, garbage and refuse disposal,
sewer and water service, tree care or removal or any other service
as defined in § 66.0627(1)(c), Wis. Stats. 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 § 84-27, 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 charges. 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 Common
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 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.
In addition to other methods provided by law, it is hereby provided
that special assessments for delinquent utility bills may be levied
in accordance with the provisions of this section, which are hereby
adopted pursuant to § 66.0703, Wis. Stats.
B.
Delinquent utility bills and service charges shall be levied as a
special assessment against the real property, shall become a lien
thereon, and shall be placed on the tax roll with the same effect
as other City taxes unless the Common Council otherwise determines
after notice and opportunity to be heard as hereinafter set forth.
C.
Charges for the following services rendered by the City of Marion
and the City public utilities shall be paid within 20 days of the
date of billing:
E.
If the amount due to the City utilities of Marion for services listed in Subsection C(5) is not paid when due, the City utilities shall send notice of the delinquent bill to the customer and to the property owner. If the bill is still delinquent by the month of October of the billing year, the City utilities shall send a notice of the delinquent bill to the customer and the property owner by certified mail.[1]
F.
The notice referred to in Subsection D shall contain the following statement: "You are entitled to a hearing before the Common Council, or committee thereof, of the City of Marion to dispute the amount of this charge. You must request this hearing by notifying the City Clerk-Treasurer in writing within 10 days of the date of this notice."
G.
The notice sent by certified mail referred to in Subsection E shall contain the following statement: "You are entitled to a hearing before the Common Council, or committee thereof, of the City of Marion to dispute the amount of this charge. You must request this hearing by notifying the City Clerk-Treasurer in writing within 10 days of the date of this notice."
I.
At the time of the hearing referred to in Subsection H, the Common Council, or committee thereof, shall hear all evidence brought before it concerning the correctness of the amount billed by the City of Marion in accordance with this section. At the conclusion of this hearing, the Common Council, or committee thereof, shall decide the amount due the City, and all parties in attendance shall be notified of the decision.
J.
If the amount determined to be due to the City after the hearing referred to in Subsection I is not paid within five days from the date of the Council's or committee's decision, then this amount shall become a lien upon the real estate served by the services referred to in Subsection C. This shall be accomplished pursuant to the power granted to the City of Marion by § 66.0703, Wis. Stats.
K.
If a hearing is not requested in accordance with this section, the amount due the City of Marion or the City public utilities shall become a lien upon the real estate served by the services referred to in Subsection C upon the expiration of 12 days from the mailing of the notice referred to in Subsections F and G.
