[HISTORY: Adopted by the Common Council of the City of Lodi as §§ 9.09
and 10.081 of the City Code. Amendments noted where applicable.]
In addition to other methods provided by law, special assessments for
any public work or improvement or any current service may be levied in accordance
with the provisions of this chapter, which is adopted pursuant to § 66.0701,
Wis. Stats.
Whenever the Common Council shall determine that any public work or
improvement or any current service shall be financed in whole or in part by
special assessments levied under this chapter, it shall adopt a resolution
specifying this intention and the time, either before or after completion
of the work or improvement, when the amount of the assessments will be determined
and levied, the number of annual installments, if any, in which assessments
may be paid, the rate of interest to be charged on the unpaid balance and
the terms on which any of the assessments may be deferred while no use of
the improvement is made in connection with the property.
The provisions of § 66.0703, Wis. Stats., shall apply to special
assessments levied under this chapter, except that 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 the rendering of a service,
the report required by § 66.0703(5), Wis. Stats., shall contain
a statement of the final cost of the work, service or improvement in lieu
of an estimate of the cost.
Notice of the time and place of the public hearing on any special assessment
to be levied and notice of the final assessment and terms of payment thereof
shall be given in the manner prescribed by § 66.0703(7) and (8)(d),
Wis. Stats., unless said notice is waived by all of the owners of property
affected by such special assessment pursuant to § 66.0703(7)(b),
Wis. Stats.
Any special assessment levied under this chapter shall be a lien against
the property assessed from the date of the final resolution of the Common
Council determining the amount of the levy.
[Amended at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any person against whose property a special assessment is levied under
this chapter may appeal therefrom in the manner prescribed by § 66.0703(12),
Wis. Stats., within 90 days of the date of the final determination by the
Common Council.
A. CITY RESPONSE SERVICES(1) (2) (3) (4) HAZARDOUS SUBSTANCE or HAZARDOUS WASTE PROPERTY
Definitions. As used in this section, the following terms
shall have the meaning indicated:
Police, fire, or other similar response services furnished by:
The City directly;
Any agencies operated by the City and other municipalities in cooperation
with each other (including but not limited to the Lodi Area Fire Department)
where costs for such services are billed by the agency to the City;
Any agency operated by one or more other governmental units where the
costs for such services are billed by the agency to the City; or
Any private business where the costs for such services are billed by
the business to the City.
As defined in § 289.01(11) and (12), Wis. Stats.
The personal property or real estate directly involved in the response
services, including but not limited to buildings, utility transmission or
telephone lines, gas lines, cable television equipment, open burning sites
or hazardous substance or hazardous waste handling or storage sites, without
regard to whether any such property is subject to or exempt from local property
taxes.
B.
Responsibility for costs.
(1)
In each instance where the Director of Finance and Human
Resources determines the costs incurred for City response services are extraordinary
in amount or the services for which the costs are incurred are extraordinary
in type, the Director of Finance and Human Resources shall refer said matter
to the Common Council.
(2)
Upon referral, the Common Council shall review and determine
whether to seek reimbursement for the extraordinary costs for City response
services from the owner of the property. The Council shall consider the amount
of the costs involved, the nature of the response services, the impact of
the response on other City services, and such other factors it deems appropriate
in making its determination.
(3)
The Council may direct the Director of Finance and Human
Resources to issue an invoice for the costs of labor and materials, or a portion
thereof, to the owner or person in charge of the property. The invoice shall
include an itemization of the costs and a requirement for payment within 30
days.
C.
Relationship to § 66.0627, Wis. Stats. This
section shall be construed as being in addition to and not in limitation of
the powers granted to municipalities in § 66.0627, Wis. Stats. In
the event an invoice issued under this section for a service that could be
allocated to the property served under said § 66.0627 is not paid
within the time specified, the City may proceed under said statute to impose
a special charge against the real estate served and, if such charge is not
paid, to place it on the tax roll according to the terms of the statute.
