Village of Allouez, WI Article I Special Assessments

§ 350-1 Assessable improvements.

Whenever any new street or public right-of-way in the Village is constructed, or any new curb, gutter, sanitary sewer, storm sewer main, storm sewer catch basins or leads or water main or parts thereof are installed in any public right-of-way, there shall be assessed against the property fronting or abutting the street or public right-of-way the total cost of the work, except as provided in this article, including, but not limited because of enumeration, materials, supplies, labor, engineering and administrative costs used or expended on the work or improvement.

§ 350-2 Cost computation.

A. The amount to be levied and charged against an abutting property shall be determined by dividing the front footage of the individual parcel abutting the street (or right-of-way) to be so improved by the total number of feet or assessable frontage on both sides of the street in the block or blocks so improved and multiplying the result by the total cost of the project.

B. The amount to be levied and charged against a landlocked parcel shall be determined by the total cost of the project, including but not limited to the total number of feet of pipe from the closest reasonable point of access to sewer and water service, and the cost of easements to the benefitted parcel.

C. Assessments shall be based on the cost of the following:

(1) Eight-inch diameter pipe for sanitary sewer.

(2) Twelve-inch diameter pipe for storm sewer.

(3) Eight-inch diameter pipe for water main.

§ 350-3 Percentage levied.

Whenever any improvements are made as specified in §§ 350-1 and 350-2, the owner of each individual property and parcel abutting the street or right-of-way, and of each benefitted landlocked parcel, shall pay the special assessment levied against such property and parcel for the following:

A. Pavement (based on a residential thirty-two-foot wide, curb to curb, street).

B. Curb and gutter (including catch basins and leads which are a necessary part of the curb).

C. Sanitary sewer (main).

D. Storm sewer (main, catch basins and leads).

E. Water service (main).

§ 350-4 Total cost levied.

A. The owner of each individual property and parcel affected shall pay, in addition to § 350-3, the total cost of the following:

(1) Sanitary sewer lateral.

(2) Storm sewer lateral.

(3) Water service lateral.

(4) Any other improvement ordered by the Village in exercise of its police power.

B. In the event of failure by the owner or owners to pay such charges within the time allotted by the Village, such charges shall be levied as a special assessment and become a lien against the property affected.

§ 350-5 Special provisions.

A. The assessment for sanitary sewer mains, storm sewer mains and water mains at a corner lot in a platted subdivision shall be based on the frontage of the first side improved, and a sixty-foot reduction shall be allowed from the frontage of the second side of said lot when it is improved. No other reductions (i.e., pavement, curb and gutter, sidewalks, laterals) shall be allowed corner lots, except as may be provided by Subsection E.

B. The assessment on a parcel on unplatted land, or against any landlocked parcel benefitting from the improvements, may be made on a formula or other basis which shall be determined by the Village Board.

C. Other provisions of this article notwithstanding, no special assessment shall be levied against any property which shall exceed the reasonable benefit to that property of the improvement made.

D. Special assessments shall be levied pursuant to the provisions of § 66.0703, Wis. Stats., and as may otherwise be permitted by law.

E. Double frontage lots.

(1) The assessment for any improvements made to a lot in a platted subdivision, which lot fronts on both of two nonintersecting streets and which lot shall contain only one primary purpose building, shall be as follows:

(a) One hundred percent based on the length of the first frontage side which is improved; and

(b) Fifty percent based on the length of the opposite frontage side when it is improved.

(2) If such double frontage lot is also a corner lot, an additional assessment shall be made for the non-frontage side of the lot as provided in Subsection A, when such improvements are made in the street which abuts such side.

§ 350-6 Due date; deferment.

A. The due date of any special assessments levied against property abutting on or benefitted by a public improvement may be deferred on such terms and in such manner as may be prescribed by the Village Board, except that any such deferment shall exist only:

(1) During such period of time while no use of the improvement is made in connection with the property;

(2) During such period of time that there is no change in ownership of the legal title or of the legal description in and to the premises (such as by platting or certified survey map); or

(3) For such period of time as shall be set by the Village Board, but not to exceed 10 years from the date of the levy, whichever period is shortest.

B. Any other provision of this article, of any existing resolution, and/or of any prior action of the Village Board notwithstanding, the due date of any unpaid special assessment which has been levied prior to the publication date of this article shall be:

(1) The calendar date as stated in the terms and conditions of the deferment; or

(2) If there is no calendar date stated in the terms and conditions of the deferment, then 10 years from the date of the levy, or the one-year anniversary date of publication of this article, whichever date is latest.

§ 350-7 Costs not assessable.

Whenever maintenance and/or repairs of an existing street or utility in the right-of-way are completed, the costs thereof shall not be assessed against the properties but will be paid for by the general tax levy and/or utility fund, including the following work:

A. Repair or replacement of water main, sanitary main, storm main, pavement, curb, gutter, storm catch basins and leads, or parts thereof.

B. Repair or replacement within the right-of-way of water service laterals, sanitary laterals, and storm laterals and curb and gutter repairs.

C. Repair or replacement of the street, including milling/overlay and/or paving when completed as maintenance work.

D. Installation of storm sewer main in an existing street if storm sewer was not installed during original street construction and is now required to improve drainage and provide storm laterals to private properties, except that the storm laterals shall be assessed to the affected properties as provided hereby.