The council shall have power to do any public work or make any
public improvement by the employment of the necessary labor and the
purchase of the necessary supplies and material with separate accounting
as to each improvement so made, or to do such work by contract duly
let after competitive bidding. The council shall also have power to
do any public work or make any public improvement under any legally
constituted plan under which labor is furnished by any other government
unit, department, or agency of the United States, or the State of
Michigan, or which is wholly or in part financed by them or either
of them.
The council shall have the power to determine the necessity
of any local or public improvement, and to determine that the whole
or any part of the expense shall be defrayed by special assessment
upon the property especially benefited.
No contract or expenditure, except for the cost of preparing
necessary profiles, plans, specifications, and estimates of cost,
shall be made for any public improvement, the cost of which is to
be paid by special assessments upon the property benefited thereby,
until the council has passed a resolution determining to proceed with
such public improvement as hereinafter provided and required.
Whenever any property is acquired by condemnation, or otherwise,
for the purpose of any public improvement, the cost thereof, and of
the proceedings required to acquire such property, may be added to
the cost of such improvement.
Before the council shall consider the making of any public improvement,
the same shall be referred by resolution to the city manager directing
him to submit a report which shall include necessary plans, profiles,
specifications, estimates of cost, an estimate of the life of the
improvement, a description of the assessment district or districts,
and such other pertinent information as will permit the council to
decide the cost, extent, and necessity of the improvement proposed,
and what part or portion thereof should be paid by special assessments
upon the property benefited and what part, if any, should be paid
by the city at large. The council shall not determine to proceed with
the making of any local special improvement until such report has
been submitted by the city manager, nor until after a public hearing
thereon has been held by the council.
[Amend. No. 5, 4-6-1953]
After the city manager has presented the report hereinbefore
required for making any public improvement as requested in the resolution
of the council and after it has reviewed said report, a resolution
may be passed determining the necessity of the improvement; setting
forth the nature thereof; prescribing what part or proportion of the
cost of such improvement shall be paid by special assessment upon
the property benefited, and what part, if any, shall be paid by the
city at large; designating the limits of the special assessment district
to be affected; designating the manner by which the benefits to be
derived by such improvement by property located in such district shall
be measured and assessed; designating a date and time when the council
will hold a public hearing on such improvement, directing the clerk
to publish notice of a public hearing for the purpose of giving an
opportunity for interested persons to be heard, which notice shall
be published at least one week prior to the holding of such hearing,
and placing the complete information on file in the office of the
clerk where the same may be found for examination.
If at, or prior to, the hearing by the council on the making
of any public improvement, more than 50% of the number of owners of
privately owned real property to be assessed for any improvement shall
object in writing to the proposed improvement, the improvement shall
not be made by proceedings authorized by this chapter without a 2/3
vote of the members of the council.
At the public hearing on the proposed improvement, all persons
interested shall be given an opportunity to be heard, after which
the council may determine to proceed with the improvement without
change, or to modify the scope of the public improvement or the assessment
therefor, or both, as they [it] shall deem to be in the best interest
of the city as a whole, or to abandon the improvement. If the determination
of the council shall be to proceed with the improvement in any manner,
a resolution shall be passed approving the necessary profiles, plans,
specifications, and estimates of cost, and directing the assessor
to prepare a special assessment roll in accordance with the council's
determination and report the same to them for confirmation, which
special assessment roll may be ordered to be made, either forthwith,
or after the completion of the public improvement so ordered.
The assessor shall make a special assessment roll of all lots
and parcels of land within the designated district benefited by the
proposed improvement and assess to each lot or parcel of land the
amount which each such lot or parcel of land, together with the improvements
thereon is deemed to be or capable of being benefited by the improvement
to which such special assessment roll relates, together with the amount
to be collected at the time of the collection of each installment
of deferred special assessment, if the decision of the council shall
be to collect the cost of such improvement in installments. The amount
spread in each case shall be based upon the city manager's estimates
of cost, as approved by the council; provided, that in the event that
the special assessment roll is ordered to be made after the completion
of the improvement ordered to be made by the council, the amount so
spread shall be based upon the actual cost of the improvement.
When the assessor shall have completed such assessment roll,
he shall file the same with the clerk for presentation to the council
for review and confirmation by it.
Upon receipt of such special assessment roll, the council, by
resolution, shall accept such assessment roll and order it to be filed
in the office of the clerk for public examination; shall fix the time
and place the council will meet to review such special assessment
roll, and direct the clerk to publish a notice of a public hearing
for the purpose of giving an opportunity for interested persons to
be heard. Such notice shall be made by publication at least one week
prior to the holding of the hearing. The hearing required by this
section may be held at any regular, adjourned, or special meeting
of the council. At this meeting, all interested persons or parties
shall present their objections or other comments, if any, to the making
of the improvement or improvements contemplated and to the special
assessment roll therefor.
The council shall meet at the time and place designated for
the review of such special assessment roll and, at such meeting, or
adjourned meeting thereof, shall consider all objections thereto.
The council may adopt the special assessment roll as submitted by
the assessor; may correct said roll as to any special assessment or
description of any lot or parcel of land or other errors appearing
therein; or it may annul such assessment roll and the same proceedings
shall be followed in making a new roll as the making of the original
roll. If, after hearing all objections and making a record of such
changes as the council deems justified, the council is satisfied with
said special assessment roll as submitted by the assessor or as corrected
by it, it shall thereupon pass a resolution confirming such roll,
and commanding the treasurer to collect the various sums appearing
thereon or, if so directed by the council, to spread the same upon
the tax rolls of the city for the full amounts, or in annual installments
if the decision of the council shall be to collect the costs of such
improvements in installments.
Such roll shall have the date of confirmation endorsed thereon and shall from that date be final and conclusive for the purpose of the improvement to which it applies, subject only to adjustment to conform to the actual cost of the improvement, as provided in section 11.18 [15.18] of this chapter. All special assessments shall from the date of the confirmation of the roll therefor, constitute a lien upon the respective lots or parcels of land assessed, and shall be charged against the owner or owners of such lots or parcels of land or the heir or heirs or assign or assigns of such owner or owners, until paid.
No deviation from original plans or specifications, as adopted,
shall be permitted by any officer or employee of the city without
authority of the council by resolution. A copy of the resolution authorizing
such change or deviation shall be certified by the clerk and attached
to the original plans and specifications on file in his office.
All special assessments, except such installments thereof as
the council shall make payable at a future time as provided in this
chapter, shall be due and payable upon confirmation of the special
assessment roll. Within 10 days after such special assessment roll
has been certified by the council, the clerk shall deliver such roll
to the treasurer for the collection of the several sums assessed thereon.
[Amend. No. 6, 4-6-1953; amend. No. 23, 11-7-1989]
The council may provide for the payment of special assessments
in annual installments. Such annual installments shall neither exceed
15 in number nor extend beyond the stated useful life of the public
improvement. The first installment shall be due upon confirmation
of the roll and the deferred installments being due annually thereafter,
or, in the discretion of the council, may be spread upon and made
part of each annual city tax roll thereafter, until all annual installments
have been spread. Interest shall be charged on all unpaid installments
of special assessments, from and after a date fixed by the council,
which rate shall not exceed the rate established and permitted by
law. The whole or any number of deferred installments, with interest
accrued thereon, to the date of payment, may be paid in advance of
the due dates as established therefor.
Special assessments, from the date of the confirmation of the
roll for the public improvement to which they apply, and all interest
and collection and penalty charges thereon shall be and remain a lien
upon the property assessed of the same character and effect as the
lien created by general law for state and county taxes, and by this
Charter for city taxes, until paid. Special assessments and installations
thereof which are collected on the city tax rolls shall be subject
to the same collection fees and interest charges as are provided under
this Charter for city taxes collected on the same rolls. The lands
upon which any delinquent special assessments, collection fees, and
interest charges, are a lien, shall be subject to sale, the same as
are the lands upon which delinquent city taxes are a lien and subject
to sale.
When any lot, building or structure within the city, because
of accumulation of refuse, or debris, the uncontrolled growing of
noxious weeds, or of age or dilapidation, or because of any other
condition or happening, becomes, in the opinion of the council, a
public hazard or nuisance which is dangerous to the health, safety
or welfare of the inhabitants of the city or by those residing or
habitually going near such lot, building, or structure, the council
may, after investigation, give notice by publication or by registered
mail addressed to the last known address of the owner or owners of
the land upon which such nuisance exits, or to the owner of the building
or structure itself, specifying the nature of the nuisance and requiring
such owner to alter, repair, tear down, abate or remove the nuisance
promptly and within a time to be specified by the council, which shall
be commensurate with the nature of the nuisance. If, at the expiration
of the time limit in said notice, the owner has not complied with
the requirements thereof, or in any case where the owner of the land
or of the building or structure itself are not known, the council
may order such hazard or nuisance abated by the proper department
or agency of the city which is qualified to do the work required,
or may do the work by contract or by hire. The cost of such abatement
may be assessed against the lot, premises, or description of real
property upon which such hazard or nuisance is located by special
assessment. The council shall determine what amount or part of each
such expense shall be charged, and the person, if known, against whom,
and the premises upon which the same shall be levied as a special
assessment; and as often as the council shall deem it expedient, it
shall require all of the several amounts so reported and determined,
and the several lots or premises and the persons, chargeable therewith,
respectively, to be notified by the clerk either by registered mail
sent to their last known address as shown on the assessment roll of
the city or by publication. Such notice shall state the basis of the
assessment, the cost thereof, and shall give a reasonable time, which
shall not be less than 30 days, in which payment shall be made. In
all cases where payment is not made within the time limit, the same
shall be reported by the clerk to the assessor who shall spread such
amounts charged against the several persons or descriptions of real
property chargeable therewith on the next tax roll for the collection
of city taxes.
The council may declare acts or conditions which are or may
be dangerous to the health, safety, or welfare of the inhabitants
of the city to constitute hazards or nuisances, by ordinance, and
shall in such ordinance or ordinances provide for the abatement thereof
and may also provide that the costs of such abatement be charged against
the lot, premises, or description of real property on which the hazard
or nuisance is located and the owner thereof as a special assessment.
The city manager shall, within 60 days after the completion of each public improvement, compile the actual cost thereof and certify the same to the treasurer, who shall adjust the special assessment roll to correspond therewith, subject to the limitation contained in section 11.9 [15.9]. When any special assessment roll shall prove insufficient to meet the costs of the improvement for which it was made, the council shall make an additional pro rata assessment, but the total amount assessed shall not exceed the value of benefits received by any lot or parcel of land. Should the assessment prove larger than necessary by 5% or less, the council may place the excess in the city treasury. If more than 5%, the excess shall be refunded pro rata according to assessments. In either case, the council may provide by resolution that the amount of any such excess may be allowed as a credit on the last installment where such installment still remains unpaid at the time the final cost of the improvement is determined.
[Amend. No. 19, 11-8-1983; amend. of 1-28-1997]
The council shall have the power to require the owners of lots
and premises to build, construct, rebuild, reconstruct, and repair
sidewalks in the public streets adjacent to and abutting upon such
lots and premises, and to keep them in repair at all times, and to
construct and lay the same upon such lines and grades, and of such
width, materials, and manner of construction or reconstruction. The
procedure to implement the construction, reconstruction, and repair
of sidewalks, including the payment thereof, shall be set forth by
ordinance and shall provide for notice and hearing to an affected
property owner prior to the construction, reconstruction, or repair.
The council, may, by ordinance, provide that if any owner or occupant
shall fail or refuse to build, reconstruct, and repair any such sidewalk,
the council may proceed to order the sidewalk to be built, reconstructed,
and repaired. In the event of new construction of sidewalks, the council
may provide, by ordinance, that the cost of the public improvement
be paid in equal annual installments, plus interest accruing thereon,
at a rate and for a duration as determined by the council. In no event
shall the annual installments of principal plus interest exceed the
estimated useful life of the public improvement. The payment of the
costs of the public improvement shall be in the same manner as set
forth in chapter 15 hereof relating to special assessments, the terms
thereof being incorporated herein by reference.
In the event of the repair, reconstruction, or rehabilitation of the sidewalks, the council, may provide, by ordinance, that the cost of the public improvement may be paid in the manner prescribed in section 15.20. The council, may, by a 2/2 vote of its full membership, pay such part of the expense of building or rebuilding any sidewalk as it may deem proper from the general funds of the city.
Nothing contained herein shall limit or restrict the power and
authority of the council to proceed with a sidewalk public improvement
pursuant to the other provisions of chapter 15 of this Charter or
statutes of this state.
[Amend. No. 19, 11-8-1983]
When any expense shall be incurred by the city for a public
improvement or reconstruction in respect to a separate or single lot,
parcel of land, or land or premises, which, by the provisions of this
Charter, the council is authorized to charge and collect as a special
assessment against the same, which is not of that class of special
assessment required to be made pro rata upon several lots or parcels
of land in a special assessment district, an account of the labor
or services for which such expense was incurred, verified by the city
manager, with respect to the lot, or the name of the owner or person,
if known, chargeable therewith, shall be reported to the council in
such manner as it may prescribe. The council shall determine what
amount or part of the cost of any such expense shall be charged, and
the person, if known against whom, and the premises upon which, the
same shall be levied as a special assessment; and as often as the
council shall deem it expedient, it shall require all of the several
amounts so reported and determined, and the several lots or premises
and persons chargeable therewith respectively to be notified by the
clerk either by first class mail, sent to their last known address
as shown on the assessment roll of the city or by publication. Such
notice shall state the basis of the assessment, the cost thereof,
and shall give a reasonable time as determined by the council in which
payment shall be made. In all cases where payment is not made within
the time limit, the same shall be reported by the clerk to the assessor
who shall spread such amounts against the several persons or descriptions
of real property chargeable therewith on the next roll for the collection
of taxes.
In any case where the provisions of this Charter may prove to
be insufficient to carry into full effect the making of any special
assessments, the council shall provide by ordinance any additional
steps or procedures required to effect the improvement by special
assessment procedures.
Except as otherwise provided in this chapter, moneys raised
by special assessment to pay the cost of any local improvement shall
be held in a special fund to pay such cost or to repay any money borrowed
therefor and each special assessment account must be used only for
the improvement project for which the assessment was levied.
Except and unless notice is given to the council in writing of an intention to contest or enjoin the collection of any special assessment for the construction of any public improvement or the removal or abatement of any public hazard or nuisance, within 15 days after the date of the resolution of the council confirming the assessment roll for such improvement, as provided in section 15.12 of this chapter, which notice shall state the grounds on which the proceedings are to be contested, no suit or action of any kind shall be instituted or maintained for the purpose of contesting or enjoining the collection of such special assessment.
Whenever the council shall deem any special assessment invalid
or defective for any reason whatever, of if any court of competent
jurisdiction shall have adjudged such assessment to be illegal for
any reason whatsoever, in whole or in part, the council shall have
power to cause a new assessment to be made for the same purpose for
which the former assessment was made, whether the improvement or any
part thereof has been completed or not, and whether any part of the
assessment has been collected or not. All proceedings on such reassessment
and for the collection thereof shall be made in the same manner as
provided for the original assessment. If any portion of the original
assessment shall have been collected and not refunded, it shall be
applied upon the reassessment and the reassessment shall, to that
extent, be deemed satisfied. If more than the amount reassessed shall
have been collected, the balance shall be refunded to the person or
persons making such payment.
