[Ord. No. 221, passed 1-23-1961]
The short title of this chapter shall be the "Special Assessment Procedure Chapter."
[Ord. No. 221, passed 1-23-1961]
This chapter prescribes the special assessment procedure governing the initiation of public improvement projects, the preparation of plans and cost estimates, the creation of special assessment districts, notices and hearings, the making of special assessment rolls, the correction of errors in such rolls, the confirming of special assessment rolls, the number of installments in which special assessments may be paid, the collection of special assessments, the making of additional assessments where the original special assessment roll proves insufficient to pay the cost of the improvement or the cost of the repayment of the principal of and interest on money borrowed to pay for such improvement, refunds on excessive assessments, and other matters concerning the making and maintaining as well as financing of improvements by the special assessment method.
[Ord. No. 221, passed 1-23-1961; Ord. No. 700, passed 1-23-2006]
Public improvement projects may be initiated either by petition from the interested property owners or by Council. Petitions for public improvement projects shall be submitted to the City Assessor on forms furnished by him or her.
[Ord. No. 221, passed 1-23-1961]
A public improvement project may include, or may consist solely of, the maintenance, cleaning, repair or restoration of public property, and specifically may include the cleaning and repair of public parking lots and snow removal therefrom.
[Ord. No. 221, passed 1-23-1961]
Before commencing any public improvement project, Council shall first obtain a survey and report by the City Manager concerning the need for, desirable extent of, and probable cost of such proposed public improvement.
[Ord. No. 221, passed 1-23-1961; Ord. No. 700, passed 1-23-2006]
If the decision be to proceed with a project, Council shall hold a public hearing on the necessity of the making of such public improvement. Notice of this hearing shall be published in a newspaper published within the City, and served by first class mail addressed to the owner of each parcel concerned, according to the record of the City Assessor, which publication and mailing shall be made not less than seven days prior to the date of the hearing. Such notice need not state the legal descriptions of the lands within the special assessment district, but shall be sufficient if so drawn as to afford reasonable notice of the lands to be affected. A public hearing of necessity shall not be required when a petition for a public improvement is signed by all of the owners of properties to be assessed therefor. After the hearing of necessity, Council shall determine by resolution to proceed or not to proceed with the proposed public improvement. If, prior to the adoption of the resolution to proceed with the making of the public improvement, written objections thereto have been filed with the owners of property in the district which, according to the City Manager's report, will be required to bear more than 50% of the cost thereof, or by a majority of the owners of the property to be assessed, no resolution determining to proceed with the improvement shall be adopted, except by the affirmative vote of five members of Council.
[Ord. No. 221, passed 1-23-1961; Ord. No. 700, passed 1-23-2006]
If the decision be to proceed, said resolution shall direct the City Assessor to prepare the special assessment roll for the proposed project and shall state the estimated life of the project, the amount to be assessed, the basis for assessment, the locality constituting the district to be assessed, and other conditions that should be considered. Upon receiving such order and directions, the City Assessor shall make out an assessment roll, entering and describing therein all the lots, premises and parcels of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon and against such persons the amounts to be assessed, in the manner directed by Council and the provisions of this chapter applicable to the assessment, and if the several descriptions thus to be assessed in any special assessment district shall extend into more than one ward by themselves, separate from those of the others. In all cases where the ownership of any description is unknown to the City Assessor, he or she shall, in lieu of the name of the owner, insert the name "Unknown"; and, if by mistake or otherwise, any person shall be improperly designated as the owner of any lot, parcel of land or premises, or if the same shall be assessed without the name of the owner, or in the name of a person other than the owner, such assessment shall not, for any such cause, be vitiated, but shall, in all respects, be as valid upon and against such lot, parcel of land or premises as though assessed in the name of the property owner, and when the assessment roll shall have been confirmed, be a lien on such lot, parcel of land or premises and collected as in other cases. When the City Assessor shall have completed the special assessment roll, he or she shall sign it and report the same to the City Manager for submission to Council.
[Ord. No. 221, passed 1-23-1961; Ord. No. 700, passed 1-23-2006]
After the filing of the special assessment roll, Council shall set a date for a public hearing on the proposed roll and number it consecutively. Notice of this hearing shall be given as provided in Section 208.06. Said hearing shall be held regardless of the number of signers of any petition. At the time and place appointed for the purpose, as aforesaid, Council and the City Assessor shall meet and there, or at some adjourned meeting, review the assessment and hear any objections to any assessment which may be made by any person deeming himself or herself to be aggrieved thereby. Council may correct said roll as to any assessment or description of premises appearing therein, and may confirm it as reported, or as corrected; or Council may refer the assessment back to the City Assessor for revision; or annul it and direct a new assessment, in which case the same proceedings shall be had as in respect to the previous assessment. When a special assessment shall be confirmed, the City Assessor shall make an endorsement upon the roll showing the date of confirmation.
[Ord. No. 292, passed 9-28-1970; Ord. No. 700, passed 1-23-2006]
Upon the confirmation of any special assessment, the amount thereof may be divided into not more than 10 installments, one of which shall be collected each year, at such times as Council shall determine, with annual interest at a rate not exceeding that allowed by State legislation, but the whole assessment after confirmation may be paid to the City Assessor at any time in full, with the proportionate interest thereon. All special assessments, except such installments thereof as Council shall make payable at a future time, as provided in Section 208.08, shall be due and payable upon confirmation.
[Ord. No. 221, passed 1-23-1961; Ord. No. 700, passed 1-23-2006]
Should any lots or lands be divided after a special assessment thereon has been confirmed and divided into installments, and before the collection of all the installments, the City Assessor shall apportion the uncollected amounts upon the several parts of lots and lands so divided. The report of such apportionment, when confirmed by Council, shall be conclusive upon all the parties, and all assessments thereafter made upon such lots or lands shall be according to such division.
[Ord. No. 221, passed 1-23-1961]
Should any special assessment prove insufficient to pay for the improvement or work for which it was levied, and the expenses incident thereto, Council may make an additional pro rata assessment to supply the deficiency; and in case a larger amount shall have been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid, provided that when such excess is less than 5% of the total amount of the assessment roll, the excess may be placed in the General Fund. No additional assessment for any public improvement which exceeds 25% of the original assessment shall be made, unless such additional assessment be reviewed at a meeting of Council, for which meeting notices shall be published as provided in the case of a review of the original special assessment roll.
[Ord. No. 221, passed 1-23-1961]
The cost of any special assessment improvement project shall include the cost of surveys, plans, rights of way, spreading of rolls, notices, advertising, financing and construction and all other costs incident to the making of special assessments therefor and the financing thereof. Fringe benefit costs and a reasonable amount for overhead may also be included in the cost of the project.