[Amended 6-15-2015 by Ord. No. 2015-02; 6-3-2024 by Ord. No. 2024-09]
A.
General. In addition to other methods provided by law, special assessments for any public work or improvement may be levied in accordance with the provisions of this article.
B.
Resolution. Whenever the Village Board shall determine that any public work or improvement shall be financed in whole or in part by special assessments levied under this article, it shall adopt a resolution setting forth such intention and the time, either before or after completion of the work or improvement, when the amount of such assessments shall be determined and levied, the number of annual installments, if any, in which such assessments may be paid, the rate of interest to be charged on the unpaid balance and the terms on which any of such assessments may be deferred while no use of the improvement is made in connection with the property.
C.
State law. The provisions of § 66.0703, Wis. Stats., shall apply to special assessments levied under this article, except that when the Village Board determines by resolution, as provided hereinabove, that the hearing on such assessments shall be held subsequent to the completion of the work or improvement, the report required by § 66.0703(5), Wis. Stats., may contain a statement of the final cost of the work or improvement in lieu of an estimate of such cost.
D.
Notice of hearing. Upon filing a copy of said report, the Village Clerk-Treasurer shall prepare a notice of hearing, which notice shall comply with § 66.0703(7), Wis. Stats. Such notice shall be signed by the Village Clerk-Treasurer, who shall cause the same to be published at least once in the official newspaper and shall mail a copy of such notice at least 10 days before the hearing or proceeding to every interested person whose post office address is known or can be ascertained with reasonable diligence.
E.
Lien. Any special assessment levied under this article shall be a lien against the property assessed from the date of the final resolution of the Village Board deeming the amount of such levy.
F.
Deferred assessments.
(1)
In the interest of the public health, welfare and safety, it is often necessary to construct certain public improvements in areas which are undeveloped. In such cases, the Village Board may authorize that payment for such improvements should be delayed until such time as the area benefitted is ultimately developed.
(2)
Where such condition is found, the Village Board may defer the due date of any special assessment levied on such terms and in such manner as prescribed by the Board while no use of the improvement is made in connection with the property. Such special assessment must be paid, however, within 10 years of the date of the final resolution making the levy, unless the Board permits additional time by allowing payment of the assessment in installments, in which case the assessment shall be paid within the time prescribed by the resolution permitting the installment payments.
(3)
If the Board defers the due date of special assessments under this section, it may make an annual interest charge in accord with the interest rate determined in § 52-19G, which charge shall be added to the total assessment for each full year (or prorated portion thereof) of deferment.
(4)
Any special assessment deferred under this section shall be a lien against the property assessed from the date of the resolution making the levy. Whenever the due date of a special assessment shall be deferred under this section, a notice shall be sent to each interested person whose post office address is known, or can with reasonable diligence be ascertained, substantially as follows:
DEFERRED ASSESSMENT NOTICE |
Notice is hereby given that the special assessments for the improvements of (describe the improvement) have been determined as to your parcel of real estate which is affected thereby, and a statement of the same is on file with the Village Clerk-Treasurer. It is proposed to defer payment of the same on the following terms: (here insert interest per annum, period of deferment, whether installments are permissible following termination of deferment, etc.). |
G.
Interest rate and special assessment payment plan.
Special assessments shall be paid in full, or in annual installments. Assessments also may be prepaid, partially or in whole, at any point during the installment schedules specified below. The number of annual installments in which a special assessment is to be paid will be determined in the Preliminary Special Assessment Resolution, based on the total amount of the special assessment, and in accordance with the following:
(1)
If the special assessment is less than $400, the special assessment shall be paid in one payment, within 90 days of completion of the project.
(2)
If the special assessment is at least $400.01 to $1,500, the special assessment shall be paid in five annual installments, as determined in the preliminary special assessment roll, subject to the right to prepay as set forth above.
(3)
If the special assessment is at least $1,500.01 to $10,000, the special assessment shall be paid in 10 annual installments, as determined in the preliminary special assessment roll, subject to the right to prepay as set forth above.
(4)
If the special assessment is at least $10,000.01, the time period for payment shall be determined by the Village Board in the Final Resolution imposing special assessments. In no event, shall the special assessment installments be for a period longer than 20 years.
(5)
The rate of interest on the outstanding balance shall be 1.5% greater than the Village's rate of interest on any bonds issued to finance the project, or in the event no bonds are issued, then 1.5% greater than the average rate of interest on all similar bonds issued in the previous calendar year.
(6)
All special assessments are due and payable in full upon the division of the property (plat or certified survey map) or connection to the improvement for which the special assessment was made.
(7)
The first installment shall include a proportionate part of the principal of the special assessment determined by the number of installments, together with interest. Said interest rate shall be computed for a period of one year from the date of the notice herein provided for, and each subsequent installment shall include a like proportion of the principal and one year's interest upon the unpaid portion of such assessment.
(8)
The first installment shall be entered in the first tax roll prepared after said installments shall have been determined as a special tax on the property upon which the special assessment was levied, and thereafter this tax shall be treated in all respects as any other municipal tax. One of the subsequent installments shall be entered in a like manner and with like effect in each of the annual tax rolls thereafter, until all are levied.
(9)
If any installment so entered in the tax roll shall not be paid to the Village Clerk-Treasurer with the other taxes, it shall be returned to the county as delinquent and accepted and collected by the county in the same manner as delinquent general taxes on real estate.
H.
Statutory provisions. The provisions of §§ 66.0703(12) and 66.0701(2), Wis. Stats., relating to appeal shall apply to any special assessment under this article.