[Adopted 1-12-1981 by Ord. No. 1288 (Ch. 21, Part 3, of the
1997 Code of Ordinances)]
[Amended 12-12-1988 by Ord. No. 1491]
Council, with petition or without petition, may improve streets
or parts thereof, or a particular width or additional widths thereof,
and may assess and collect the whole cost thereof or any part thereof
from the owners of real estate abutting on the improvement by an equal
assessment on the foot-front basis, including the expenses of the
necessary drainage. Property not otherwise assessable shall become
assessable by the petition of the owners or the owners' representative.
The City, for the purpose of this article, shall be considered as
owner of nonassessable property, of street intersections and of the
deducted frontage on equitable adjustment. At the discretion of Council,
the total cost of the improvement or a lesser amount of 2/3 thereof,
if the City desires, may be assessed on the assessable properties
abutting without any deduction for nonassessable property or street
intersections or for the equitable adjustments aforesaid, if the petition
states that the total cost may be assessed on the abutters.
[Amended 12-12-1988 by Ord. No. 1491]
Upon the submission of a petition to Council from a majority
of property owners in number and interest abutting on the line of
the proposed improvement, verified by the affidavit of one or more
parties, Council shall hold a public hearing within 45 days. Notices
shall be sent to all owners of the properties abutting the proposed
improvements, and a notice shall be published in a newspaper of general
circulation of the City at least 15 days prior to the public hearing.
The notices shall contain a description of the improvement, the date,
time and place of the public hearing and the type of assessment to
be considered.
Council may, without receiving a petition, authorize street
improvements by ordinance. Fifteen days prior to the meeting of Council
at which an ordinance for the improvement of streets is to be considered
for enactment, where there has been no petition filed by abutting
property owners and where costs are to be assessed on abutting property
owners, notice must be sent to the abutting property owners containing
a description of the improvement, the date, time and place of the
meeting and the type of assessment to be considered.
[Amended 12-12-1988 by Ord. No. 1491]
Prior to the enactment of an ordinance for street improvements to be assessed on abutting property owners, the City Engineer shall estimate the costs to be assessed against each abutting property owner. The Clerk or the Engineer shall announce at the public meeting (§ 410-28) or the Council meeting (§ 410-29) the estimated assessed costs, provided that Council shall make equitable adjustments for corner lots or lots of irregular shape or lots where the main access is to a different street or where access from the improvement is restricted or where an assessment for full frontage might be unjust in the opinion of the City Engineer.
[Amended 12-12-1988 by Ord. No. 1491]
Whenever Council authorizes any street improvement and assesses
the cost thereof by the foot-front rule, the assessment, duly certified
under the Seal of the City, attested by the Mayor and Clerk, shall
be collectible from the owner of the property abutting the improvement.
Notice of said assessment must be mailed to such owner prior to 45
days following completion of the work. Such certificate of assessment
shall be prima facie evidence in any suit for the recovery of the
same of the correctness and validity of such assessment. The assessment
herein referred to shall be computed under the terms of the article,
but the individual assessments need not be expressed therein.
[Amended 12-12-1988 by Ord. No. 1491]
If the owner of property against which a foot-front assessment
has been made shall refuse to pay such assessment within 30 days after
notice of the same, it shall be the duty of the City Solicitor to
collect the same, with interest from the time of completion of the
improvement, by action of assumpsit or by lien to be filed and collected
in the same manner as municipal claims. When an owner has two or more
lots against which there is an assessment for the same improvement,
all of such lots may be embraced in one claim.
Whenever Council assesses the costs of any street improvement
against owners of abutting properties, Council shall authorize the
payment of such assessment in equal semiannual installments for a
period of years to be set by Council but in no case for more than
five years, provided that the property owner makes the initial payment
within 30 days after the notice of the assessment.
[Amended 12-12-1988 by Ord. No. 1491]
Installments as authorized in § 410-33 shall be payable at the office of the City Manager with interest at the rate as set by resolution of Council for tax anticipation notes during the year in which the assessment was made. In case of default in the payment of any installment and interest for a period of 60 days after the same shall become due, the entire assessment and accrued interest shall become due, and the Solicitor shall proceed to collect the same in the manner as provided for in § 410-32 of this article.
