[Comp. Ords. Rev. 1986, § 121.010; Code 1994, § 46-1]
The whole cost or any part thereof of any local public improvement
may be defrayed by special assessment upon the lands specially benefited
by the improvement in the manner provided in this chapter.
[Comp. Ords. Rev. 1986, § 121.020; Code 1994, § 46-2]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
When referring to the cost of any local public improvement,
means the cost of services, plans, condemnation, spreading of rolls,
notices, advertising, financing, construction and legal fees and all
other costs incident to the making of such improvement, the special
assessments therefor and the financing thereof.
Means any public improvement which is of such a nature as
to benefit especially any real property or properties within a district
in the vicinity of such improvement.
[Comp. Ords. Rev. 1986, § 121.030; Code 1994, § 46-3]
Proceedings for the making of local public improvements within
the Village, the tentative necessity thereof, and the determination
that the whole or any part of the expense thereof shall be defrayed
by special assessment upon the property especially benefited; provided,
that all special assessments levied shall be in proportion to the
benefits derived from the improvements, may be commenced by resolution
of the council, with or without a petition.
[Comp. Ords. Rev. 1986, § 121.040; Code 1994, § 46-4]
Local public improvements may be initiated by petition signed
by property owners whose aggregate property in the proposed district
was assessed for not less than 60% of the total assessed value of
the privately owned real property located therein, as shown by the
last preceding general tax records of the Village. Such petition shall
contain a brief description of the property owned by the respective
signatories thereof, and, if it shall appear that the petition is
signed by at least 60% as aforesaid, the clerk shall certify same
to the council. The petition shall be addressed to the council and
filed with the clerk and shall in no event be considered directory
but is advisory only.
[Comp. Ords. Rev. 1986, § 121.050; Code 1994, § 46-5]
Before the council shall consider the making of any local public
improvement, the same shall be referred by resolution to a particular
trustee acting as special assessments chairman, directing him to cause
to be prepared a report which shall include necessary plans, profiles,
specifications and detailed estimates of cost, an estimate of the
life of the improvement, a description of the assessment district,
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 proportion thereof should be paid by special assessments
upon the property especially benefited and what part, if any, should
be paid by the Village at large. The special assessments chairman
may have the assistance of the clerk, building inspector, and such
trustees or others as are required to complete his work, and may request
outside engineering assistance from the council. The council shall
not finally determine to proceed with the making of any local public
improvement until such report of the special assessments chairman
has been filed, nor until after a public hearing has been held by
the council for the purpose of hearing objections to the making of
such improvement.
[Comp. Ords. Rev. 1986, § 121.060; Code 1994, § 46-6]
(a)
After the special assessments chairman has presented the report required in Section 26-5 for making any local public improvement as requested in the resolution of the council, and the council has reviewed such report, a resolution may be passed tentatively 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 especially benefited, determination of benefits received by affected properties, and what part, if any, shall be paid by the Village at large; designating the limits of the special assessment district to be affected, designating whether to be assessed according to frontage or other benefits, placing the complete information on file in the office of the Village Clerk, where the information may be found for examination, and directing the Village Clerk to give notice of public hearings on the proposed improvement, at which time and place opportunity will be given interested persons to be heard. Such notice shall be given by one publication in a newspaper published or circulated within the Village and by first class mail addressed to each owner of or person of interest in the property to be assessed, as shown by the last general tax assessment roll of the Village, such publication and mailing to be made at least 10 full days prior to the date of such hearing. The hearing required by this section may be held at any regular, adjourned, or special meeting of the council.
(b)
The notice shall include a statement that appearance
and protest at the hearing in the special assessment proceedings is
required in order to appeal the amount of the special assessment to
the state tax tribunal, and that an owner or party in interest, or
his agent, may appear in person at the hearing to protest the special
assessment or may file his appearance or protest by letter, and his
personal appearance shall not be required. The notice shall further
include a statement that the owner or any party having an interest
in the real property may file a written appeal of the special assessment
with the state tax tribunal within 30 days after the confirmation
of the special assessment roll if that special assessment was protested
at the hearing held for the purpose of confirming the roll.
[Comp. Ords. Rev. 1986, § 121.070; Code 1994, § 46-7]
At the public hearing on the proposed improvement, all persons interested shall be given an opportunity to be heard, after which the council may modify the scope of the local public improvement in such a manner as they shall deem to be in the best interest of the Village as a whole; provided, that if the amount of work is increased or additions are made to the district, then another hearing shall be held pursuant to notice prescribed in Section 26-6. If the determination of the council shall be to proceed with the improvement, a resolution shall be passed approving the necessary profiles, plans, specifications, assessment district and detailed 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 the council for confirmation.
[Comp. Ords. Rev. 1986, § 121.080; Code 1994, § 46-8]
No deviation from original plans or specifications as adopted
shall be permitted by any officer or employee of the Village without
authority of the council by resolution. A copy of the resolution authorizing
such changes or deviation shall be certified by the Village Clerk
and attached to the original plans and specifications on file in his
office.
[Comp. Ords. Rev. 1986, § 121.090; Code 1994, § 46-9]
The council shall specify the provisions and procedures for
financing a local public improvement. No contract or expenditure,
except for the cost of preparing necessary profiles, plans, specifications
and estimates of cost, shall be made for the improvement, nor shall
any improvement be commenced until the special assessment roll to
defray the costs of the improvement shall have been made and confirmed.
[Comp. Ords. Rev. 1986, § 121.100; Code 1994, § 46-10]
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
proportionate amount benefited thereby. The amount spread in each
case shall be based upon the detailed estimate of the special assessments
chairman, as approved by the council.
[Comp. Ords. Rev. 1986, § 121.110; Code 1994, § 46-11]
When the assessor shall have completed such assessment roll
he shall file the assessment roll with the Village Clerk for presentation
to the council for review and certification by it.
[Comp. Ords. Rev. 1986, § 121.120; Code 1994, § 46-12]
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 Village Clerk for public examination, shall fix the time and place the council will meet to review such special assessment roll and direct the Village Clerk to give notice of a public hearing for the purpose of affording an opportunity for interested persons to be heard. Such notice shall be given by one publication in a newspaper published or circulated within the Village and by first class mail addressed to each owner of or person in interest in property to be assessed as shown by the last general tax assessment roll of the Village and shall conform with the requirements of Section 26-6(b), such publication and mailing to be made at least 10 full days prior to the date 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 in writing their objections, if any, to the assessments against them. The assessor shall be present at every meeting of the council at which a special assessment is to be reviewed.
[Comp. Ords. Rev. 1986, § 121.130; Code 1994, § 46-13]
The council shall meet at the time and place designated for the review of such special assessment roll, and at such meeting, or a proper adjournment thereof, shall consider all objections thereto submitted in writing. The council may correct such roll as to any special assessment or description of any lot or parcel of land or other errors appearing therein; or it may, by resolution, annul such assessment roll and direct that new proceedings be instituted. The same proceedings shall be instituted. The same proceedings shall be followed in making a new roll as in 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 determines that it is satisfied with such special assessment roll and that such assessments are in proportion to benefits received, it shall thereupon pass a resolution reciting such determinations, confirming such roll, placing it on file in the office of the Village Clerk and directing the Village Clerk to attach his warrant to a certified copy thereof within 10 days, therein commanding the assessor to spread and the treasurer to collect the various sums and amounts appearing thereon as directed by the council. 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 26-19.
[Comp. Ords. Rev. 1986, § 121.140; Code 1994, § 46-14]
If at, or prior to, the final confirmation of any special assessments,
more than 50% of the number of owners of privately owned real property
to be assessed for an improvement, or in the case of paving or similar
improvements more than 50% of the number of owners of frontage to
be assessed for any such improvement, shall object in writing to the
proposed improvement, the improvement shall not be made by proceedings
delineated by this chapter without a five-sixths vote of the members
of the council; provided, that this section shall not apply to sidewalk
construction.
[Comp. Ords. Rev. 1986, § 121.150; Code 1994, § 46-15]
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.
[Comp. Ords. Rev. 1986, § 121.160; Code 1994, § 46-16]
(a)
The council may provide for the payment of special
assessments in annual installments. Such annual installments shall
not exceed 30 in number, the first installment being due upon confirmation
of the roll or on such date as the council may determine and deferred
installments being due annually thereafter, or, in the discretion
of the council, may be spread upon and made a part of each annual
Village tax roll thereafter until all are paid. Interest shall be
charged on all deferred installments at a rate not to exceed 7% per
annum, commencing on the due date of the first installment and payable
on the due date of each subsequent installment; the full amount of
all or any deferred installments, with interest accrued thereon to
the date of payment, may be paid in advance of the due dates thereof.
If the full assessment or the first installment thereof shall be due
upon confirmation, each property owner shall have 60 days from the
date of confirmation to pay the full amount of such assessment, or
the full amount of any installments thereof, without interest or penalty.
(b)
Following the sixty-day period, the assessment or first
installment thereof shall, if unpaid, be considered as delinquent,
and the same penalties shall be collected on such unpaid assessments
or first installments thereof as are provided in the Village Charter
to be collected on delinquent general Village taxes.
(c)
Deferred installments shall be collected without penalty
until 60 days after the due date thereof, after which time such installments
shall be considered as delinquent, and such penalties on the installments
shall be collected as are provided in the Village Charter to be collected
on delinquent general Village taxes.
(d)
After the council has confirmed the roll, the Village
Treasurer shall notify by mail each property owner on such roll that
such roll has been filed, stating the amount assessed and the terms
of payment. Failure on the part of the Village Treasurer to give such
notice or of such owner to receive such notice shall not invalidate
any special assessment roll of the Village or any assessment thereon,
nor excuse the payment of interest or penalties.
[Comp. Ords. Rev. 1986, § 121.170; Code 1994, § 46-17]
Any assessment, or part thereof, remaining unpaid on the first
Monday of October following the date when the assessment became delinquent
shall be reported as unpaid by the treasurer to the council. Any such
delinquent assessment, together with all accrued interest shall be
transferred and reassessed on the next annual Village tax roll in
a column headed "Special Assessments" with a penalty of 4% upon such
total amount added thereto, and when so transferred and reassessed
upon such tax roll shall be collected in all respects as provided
for the collection of Village taxes.
[Comp. Ords. Rev. 1986, § 121.180; Code 1994, § 46-18]
Special assessments and all interest, penalties and charges
thereon from the date of confirmation of the roll shall become a debt
to the Village from the persons to whom they are assessed, and, until
paid, 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 the Village Charter for Village taxes. The
lands upon which the same are a lien shall be subject to sale therefor
the same as are lands upon which delinquent Village taxes constitute
a lien.
[Comp. Ords. Rev. 1986, § 121.190; Code 1994, § 46-19]
The Village Clerk shall, within 60 days after the completion
of each local or special public improvement, compile the actual cost
thereof and certify the cost to the assessor who shall adjust the
special assessment roll to correspond therewith. Should the assessment
prove larger than necessary by 5% or less, the assessment shall be
reported to the council which may place the excess in the Village
treasury or make a refund thereof pro rata according to the assessment.
If the assessment exceeds the amount necessary by more than 5%, the
entire excess shall be credited to owners of property as shown by
the Village assessment roll upon which such assessment has been levied,
pro rata, according to the assessment; provided, however, that no
refunds of special assessments may be made which impair, or contravene
the provision of any outstanding obligation or bond secured in whole
or part by such special assessments. When any special assessment roll
shall prove insufficient to meet the cost of the improvement for which
it was made, the council may make an additional pro rata assessment,
but the total amount assessed against any one parcel of land shall
not exceed the benefits received by such lot or parcel of land.
[Comp. Ords. Rev. 1986, § 121.200; Code 1994, § 46-20]
In any case where the provisions of this chapter may prove to
be insufficient to carry out fully the making of any special assessment,
the council shall provide by ordinance any additional steps or procedures
required.
[Comp. Ords. Rev. 1986, § 121.210; Code 1994, § 46-21]
If bonds are issued in anticipation of the collection of special
assessments all collections on each special assessment roll or combination
of rolls shall be set in a separate fund for the payment of the principal
and interest on the bonds so issued in anticipation of the payment
of such special assessments, and shall be used for no other purpose.
[Comp. Ords. Rev. 1986, § 121.220; Code 1994, § 46-22]
Moneys raised by special assessment to pay the cost of any local
improvements shall be held in a special fund to pay such cost or to
repay any money borrowed therefor. Each special assessment account
must be used only for the improvement project for which the assessment
was levied, expenses incidental thereto, including the repayment of
the principal and interest on money borrowed therefor, and to refund
excessive assessments, if refunds are authorized.
[Comp. Ords. Rev. 1986, § 121.230; Code 1994, § 46-23]
No suit or action of any kind shall be constituted or maintained
for the purpose of contesting or enjoining the collection of any special
assessment, unless within 30 days after the confirmation of the special
assessment roll written notice is given to the council of intention
to file such suit or action, stating the grounds on which it is claimed
such assessment is illegal, and unless such suit or action shall be
commenced within 60 days after confirmation of the roll.
[Comp. Ords. Rev. 1986, § 121.240; Code 1994, § 46-24]
Whenever the council shall deem any special assessment invalid
or defective for any reason whatever, or if any court of competent
jurisdiction shall have adjudged such assessment to be illegal for
any reason whatever, 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 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 manner 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 making such payment.
[Comp. Ords. Rev. 1986, § 121.250; Code 1994, § 46-25]
The council may combine several districts into one project for
the purpose of effecting a saving in the costs; provided, however,
that for each district there shall be established separate funds and
accounts to cover the cost of the project.
[Comp. Ords. Rev. 1986, § 121.260; Code 1994, § 46-26]
The council may provide for the deferred payment of special
assessments from persons who, in the opinion of the council and assessor,
by reason of poverty are unable to contribute toward the cost thereof.
In all such cases, as a condition to the granting of such deferred
payments, the Village shall require mortgage security on the real
property of the beneficiary payable on or before his death, or, in
any event, on the sale or transfer of the property.
[Comp. Ords. Rev. 1986, § 121.270; Code 1994, § 46-27]
If the council shall fail to make any public improvement petitioned for under the provisions of Section 26-4 during the calendar year during which any petition is filed, such petition shall be reconsidered by the council prior to March 1 of the succeeding calendar year for the purpose of determining whether such improvement should be made during such calendar year.
[Comp. Ords. Rev. 1986, § 121.280; Code 1994, § 46-28]
When any lot, building, or structure within the Village, because
of the accumulation of refuse or debris, the uncontrolled growth of
weeds, or 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 or safety of the inhabitants
of the Village or those of them residing or habitually going near
such lot, building, or structure, the council may, after investigation,
give notice to the owner of the land upon which such hazard or nuisance
exists, or the owner of the building or structure itself, specifying
the nature of the hazard or nuisance, and requiring such owner to
alter, repair, tear down, or remove the hazard or nuisance promptly
and within a time to be specified by the council, which shall be commensurate
with the nature of the hazard or nuisance. If, at the expiration of
the time limit in such 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 is not known, the council may
order such a hazard or nuisance abated by the proper department or
agency of the Village which is qualified to do the work required,
and the costs of such abatement assessed against the lot, premises
or description of real property upon which the hazard or nuisance
was located.
