[Ord. No. 73-17 §1, 3-7-1973; Ord. No. 93-14 §1, 3-3-1993]
A.
Costs
chargeable to the owner of a parcel of property for services or repairs
performed by the City on the property owner's behalf shall be assessed
against such owner by a notice of assessment.
B.
Costs
of public improvements which are to be paid for in whole or in part
by special assessments against property owners benefitted by the improvement
shall be assessed against such owner by a special tax bill.
C.
In
the event that a public improvement, initiated and funded by the City
necessitates the relocation and/or the reconnection of a residential
utility service lateral, the cost of such relocation and/or reconnection,
where it will not be borne by the particular utility company involved
without that cost being passed on directly to the property owner,
shall be paid for by the City.
[Ord. No. 73-17 §2, 3-7-1973]
A.
The
assessment represented by a notice of assessment or a special tax
bill shall be secured by a lien on the property subject to the obligation,
effective from the date on which the assessment is transmitted to
the property owner, and such lien shall continue in force for a period
of six (6) years from such date; provided however, that if suit be
brought on any such obligation within the time herein limited, the
lien shall continue until the determination of legal proceedings to
collect the same, including any sale of the property charged.
B.
The
priority of any lien imposed pursuant to this Article shall extend
to any interest or carrying charges upon the obligation secured, to
the reasonable expenses incurred in collecting or enforcing the obligation
secured (including attorneys' fees), and to the cost and expenses
of filing and recording said lien as hereinafter provided.
[Ord. No. 73-17 §3, 3-7-1973]
A.
Upon
the failure of a property owner to pay the amount owing on a notice
of assessment or special tax bill on the due date, or within thirty
(30) days thereafter, such amount, together with interest thereon,
and the reasonable expenses incurred in collecting or enforcing such
obligation (including attorneys' fees) and the costs and expenses
of filing and recording the lien securing such obligation, may be
collected by suit in any court of competent jurisdiction.
B.
If
the City shall have judgment on its suit to collect the obligation,
it shall be entitled to have an execution issue forth to cause a sale
of land to pay such judgment, interest and costs, and the judgment
shall bear interest at the same rate as the special tax bill or notice
of assessment.
C.
In
case any owner of the land or any interest therein is unknown or is
a non-resident of the State, suit may be brought against such owner
and he shall be brought in by an order or notice against such owner,
published as in an ordinary suit to enforce a lien against land.
[Ord. No. 73-17 §4, 3-7-1973]
A.
Upon
the completion by the City of a service or repair, the cots of which
are chargeable under an ordinance or resolution of the City Council
to the owner of the property for which the service or repair was undertaken,
the City Engineer or other appropriate City Officer shall determine
the cost of such service or repair, and shall transmit his determination
to the Finance Officer.
B.
Upon
receipt of the determination of cost, the Finance Officer shall prepare
a notice of assessment and shall transmit the same to the property
owner. The notice of assessment shall contain a statement of the amount
owing, the nature of the work for which the expense is incurred, the
legal authority under which the costs are imposed on the property
owner, the place where payment may be made, and the terms of payment.
The notice shall also state that unpaid charges constitute a lien
on the property until paid.
C.
The
costs assessed against a property owner by a notice of assessment
may be payable in one (1) lump sum, not less than thirty (30) days
after the date of notice, or may be payable in such installments as
the Finance Officer in his discretion may determine, depending on
the nature of the work and amount owing; in no event shall any such
installment be due more than one (1) year from the date of notice.
D.
Upon
transmittal of the notice of assessment to the property owner, the
Finance Officer shall register the notice of assessment in a record
maintained in his office, and prepare and file a notice of lien as
hereinafter provided.
[Ord. No. 73-17 §5, 3-7-1973]
A.
Whenever
the City Council shall undertake to authorize a public improvement
which is to be paid for in whole or in part by special assessments
against property owners benefitted by the improvement, evidenced by
the issuance of special tax bills, the following procedure shall govern:
1.
All proceedings to authorize any such public improvement shall be
initiated by the adoption by the Council of a resolution declaring
the necessity of such improvement, specifying the general character
and extent thereof, the material to be used therein in the case of
street improvements, the probable total cost, and the method of payment
therefor. If a special benefit district is to be created, the resolution
shall set forth the proposed boundaries.
2.
Upon the adoption of such resolution, the Council shall conduct such
public hearing as may be required by the City Charter or by other
law, giving proper notice to the public and to affected property owners.
3.
If the Council, after such public hearing, determines that it is
in the public interest that such improvement or any part thereof be
made, it shall by ordinance authorize such improvement, specifying
the method of payment therefor, and, if any portion of the cost of
the improvement is to be paid by special tax bills or assessments,
the portion to be so paid, the boundaries of the district within which
property is to be assessed, and the basis on which assessments will
be made.
4.
Upon the completion of such public improvements, the Council shall
by ordinance direct the issuance of special tax bills, specifying
the amount determined to be the property owner's share of the total
cost thereof and the date or dates on which the tax bill or installments
thereof shall be paid.
B.
Upon
receipt of a certified copy of the resolution of the City Council
determining the amount of the property owners' share of the total
cost of such improvement and the date or dates for payment, the Finance
Officer shall prepare a special tax bill and shall transmit the same
to the property owner. The special tax bill shall contain a statement
of the amount owing, the nature of the improvement for which the assessment
was made, the legal authority under which the assessment is made against
the property owner, the terms of payment, and the place where payment
may be made. The special tax bill shall also state that unpaid charges
constitute a lien on the property until paid.
C.
The
Finance Officer shall then register the special tax bill in a record
maintained in his office, and prepare and file a notice of lien as
hereinafter provided.
[Ord. No. 73-17 §6, 3-7-1973]
A.
Upon
the transmittal to a property owner of a notice of assessment or special
tax bill, the Finance Officer shall prepare a notice of lien which
shall identify the property to be charged and the duration of the
lien, and shall state the amount owing, the nature of the obligation,
and a place where a record of payment may be found. Said notice of
lien shall be authenticated by the Finance Officer and attested to
by the City Clerk, and shall be filed with the Recorder of Deeds for
St. Louis County. Failure to file said notice of lien shall not affect
its validity.
B.
Upon
receipt of payment by the property owner or other person of the obligation
giving rise to the lien, the Finance Officer shall prepare and cause
to be filed with the Recorder of Deeds a release of lien which shall
refer to the notice of lien previously filed, and shall indicate that
full payment has been made. Said release of lien shall be authenticated
and attested in the same manner as the notice of lien.
[Ord. No. 73-17 §7, 3-7-1973]
A notice of assessment or special tax bill shall be transmitted
to a property owner by mailing the same to such owner's last known
address as shown on the records of the Assessor of St. Louis County,
or by mailing the same to an agent of such owner, if such agent shall
be known.
[Ord. No. 73-17 §8, 3-7-1973]
The Finance Officer shall maintain as a public record open to
inspection a register of all notices of assessment and special tax
bills prepared in accordance with the provisions of this Article.
A separate register shall be kept for notices of assessment and for
special tax bills, and each shall be filed chronologically. The Finance
Officer shall also maintain an index to the registers, listing the
last name of the property owner alphabetically, and where there is
more than one property owner, the index shall contain references to
the last name of each such owner. When the obligation represented
by the notice of assessment or special tax bill has been paid, or
in appropriate case when an installment of the obligation has been
paid, the Finance Officer shall duly record such fact in his register.
[Ord. No. 73-17 §9, 3-7-1973]
Special tax bills shall be payable to the order of the City
of Bridgeton, unless the Council shall provide otherwise by resolution
or ordinance. In the event a special tax bill is made payable to the
order of another, the person to whom such tax bills are made payable
shall be entitled to enforce those tax bills in the manner provided
for in this Article in the case of enforcement by the City.
[Ord. No. 73-17 §10, 3-7-1973]
Any portion of an assessment represented by a special tax bill
or notice of assessment which shall not have been paid when due shall
bear interest at the rate of six percent (6%) per annum on the unpaid
balance, said interest to be overdue and owing. Upon the default of
payment of any installment in the case of obligations which are payable
in installments, the unpaid balance of the assessments shall, at the
election of the City or other holder, become due and payable at once.
[Ord. No. 73-17 §11, 3-7-1973]
The Mayor is hereby authorized and directed to take such actions
and to do such things, or to direct such actions on behalf of the
City by City Officials, as are necessary or appropriate to carry out
this Article.
