The purpose of this Chapter is to govern the creation of local
improvements and the payment of special benefit assessments. The Bancroft
Bonding Act only applies when this Chapter does not have a provision
for dealing with the subject matter. For purposes of this chapter,
the following words and phrases shall have the meanings ascribed to
them by this section:
is as described in the Oregon Revised Statutes as now enacted
or amended hereafter.
means all property specially benefitted by the local improvement
portion of a project, the relative extent of such benefit to be determined
by any just and reasonable method of apportionment of the assessable
cost of the project between the properties determined to be specially
benefitted therefrom.
means any capital construction undertaken by the City involving
a local improvement, which may include, but is not limited to a street,
alley, sidewalk, street light, underground utility, sanitary or storm
sewerage facilities, water utility facilities, off-street parking
facility, flood control facility, park or neighborhood recreation
facility.
means that part of a project undertaken by the City which
provides a special benefit to specific real property or rectifies
a problem caused by specific real property where all or part of the
costs are borne by local assessments levied against the property benefitted
by the local improvement portion of a project.
means a geographic area designated by Council in which the
parcels of real property within the area receive special benefit from
a local improvement constructed pursuant to this Chapter.
means the written objection to a proposed local improvement
district or the assessment levied thereon, to be made in a manner
hereinafter provided.
means that portion of the local improvement cost which is
to be apportioned and assessed as a single assessment against each
benefitted property.
means the total cost of constructing a project involving
a local improvement, including but not limited to, engineering, interest
on warrants, advertising, providing notice to benefitted property
owners and overhead; and shall include all assessable costs of the
local improvement.
means a single parcel of land or several contiguous parcels
of land in single ownership with an area free of permanent structures
capable of being divided into four or more developable lots.
(Ord. 2923 § 1 (part),
1996)
A.
An owner of real property which could be benefitted by a local improvement to be constructed by the City and financed entirely, or in part, by assessment against benefitted property, may request the Council consider such improvement by filing a written request therefor on a form available from the City Recorder. The City Recorder shall forward the request to the Public Works Director for a recommendation on whether or not the requested improvement should be made. After reviewing the requested improvement, the Public Works Director shall submit the recommendation to the City Recorder, along with a report meeting the requirements of Section 4.04.020 which will be forwarded to Council for preliminary consideration. Upon receipt of the Public Works Director's preliminary report and recommendation, the City Recorder shall place the matter on the next available Council agenda and notify the requesting property owner of the date and time Council will consider the requested improvement, provided, the following conditions are met or satisfactory arrangements have been made with the City to satisfy such conditions:
1.
The
property owner requesting the local improvement is current on any
and all obligations to the City;
2.
If
any property to be benefitted by the proposed local improvement is
zoned other than single-family residential, the owner of such property
is current on any and all financial obligations related to the real
property to be benefitted by the proposed improvement and due any
other public agency or financial institution;
3.
If
the property to be benefitted by the proposed improvement is undeveloped
residentially zoned property, the estimated assessment, which will
be due the City from the requesting property owner as a result of
the improvement, does not exceed the property's assessed value as
determined by the Douglas County Assessor prior to the improvement
being constructed;
4.
If
the improvement being requested would benefit real property in addition
to that owned by the person requesting the improvement, the requesting
property owner has presented to the City Recorder, written verification
from at least 50% of the owners of other benefitted properties that
they are not opposed to the proposed improvement or the subsequent
proportionate assessment;
5.
If the requested improvement would benefit only real property owned by the person requesting the improvement and the owner agrees in writing to pay cash or to make application to pay the cost of the improvement in installments as provided by the Bancroft Bonding Act and this Chapter; agrees in writing to waive the right of service and publication of the notices required by this Chapter; and consents, in writing, to the assessment of his property, Council may, without further notice or hearing, form the local improvement district and proceed as provided in this Chapter. Requests for formation of a local improvement district for sidewalk improvements benefitting a single property, as referenced in Section 12.06.020.E.3. of the Land Use and Development Regulations, may be considered by Council under this Subsection (5), along with the Public Works Director's report and recommendation.
B.
The Public Works Director may request Council consideration of a project involving a local improvement to be constructed by the City and financed entirely, or in part, by assessments against real property which would be benefitted by such improvement upon finding that the property owner(s) who would bear at least 50% of the estimated total assessable cost of the improvement are not opposed to the proposed improvement; that the proposed improvement is necessary for the public health and safety or for the economical and orderly development of the area of the City most affected by the proposed improvement; or that the initial cost of a water system improvement shall be paid by the property owners under a contract with the City that provides for repayment to the property owners as others connect their property to the water system improvement on terms and conditions set by the City. The Public Works Director's request, along with the report required by Section 4.04.020 shall be filed with the City Recorder who shall place the matter on the next available Council agenda, provided that conditions 3 and 4 in the above Subsection A are met.
C.
The Council, by its own motion, may initiate consideration of a project involving a local improvement to be constructed by the City and financed entirely, or in part, by assessments against properties which would be benefitted by the improvement by preliminarily defining the proposed project, the project boundaries, the local improvement portion of the project and the local improvement district boundaries; directing the Public Works Director to prepare and file the report required by Section 4.04.020; and directing the City Recorder upon receipt of such report from the Public Works Director, to schedule the matter on the next available Council agenda.
(Ord. 2923 § 1 (part),
1996; Ord. No. 3469, § 1, 6-13-2016)
A.
Before any request for a project involving a local improvement is submitted for Council consideration under Section 4.04.030, the Public Works Director shall file a report with the City Recorder providing the following information:
1.
A
map showing the general nature, location and extent of the proposed
project and the local improvement portion thereof, and if the improvement
involves multiple properties owned by more than one owner, the contemplated
"local improvement district" boundaries;
2.
The
name and address of the owner, and the tax lot and account number
and a legal description, approved by the Douglas County Surveyor,
of each parcel of property which would be benefitted by, and assessed
for, the proposed improvement;
3.
A
preliminary estimate of the total project cost, which shall include
a breakdown showing the estimated total assessable cost and its apportionment
to each benefitted property, and the estimated amount, if any, which
may be borne by the City and others; and
4.
The
estimated date work on the proposed project could begin and the estimated
date by which the project, and the local improvement portion thereof,
could be completed.
(Ord. 2923 § 1 (part),
1996)
A.
At the designated Council meeting, Council shall consider requests for proposed projects involving local improvements submitted under Section 4.04.010.
B.
After
considering the Public Works Director's preliminary report and recommendation,
the Council shall determine if it is in the best interest of the City
to proceed with the proposed project and local improvement. The Council,
by its own motion, may:
1.
Grant
preliminary approval of the proposed project involving a local improvement,
and pursue formation of the local improvement district by:
2.
Modify
the proposed project by:
a.
Directing the Public Works Director to modify the preliminary design and engineering of the proposed project and/or the local improvement portion thereof and submit a report thereon to the City Recorder in accordance with Section 4.04.020; and
b.
Directing the City Recorder, after receiving the Public Works Director's
report on the modifications, to schedule Council consideration of
the matter on the next available Council agenda; and
3.
Deny
the requested project or local improvement.
(Ord. 2923 § 1 (part),
1996)
A.
After
receiving Council direction to proceed with a proposed project approved
under Subsection 4.04.030.B.1, the Public Works Director will cause
the bid documents to be prepared and call for bids on the proposed
project involving a local improvement. After reviewing all bids received
on the construction of the proposed project, the Public Works Director
shall file a report with the City Recorder providing the following
information:
1.
The
name, address and bid amount of each bidder and the engineer's estimate
on the construction cost of the proposed project;
2.
A
recommendation on which bidder, if any, should be awarded the bid
for construction of the proposed project, and if so awarded, based
on such bid:
a.
The estimated total project cost and the recommended maximum total
assessable cost;
c.
What amount, if any, of the estimated total project cost could be
borne by the City and others; and
d.
The names and addresses of the owners of each benefitted property
and the estimated maximum total assessment for each property.
(Ord. 2923 § 1, 1996)
A.
Upon receipt of the Public Works Director's report and recommendation presented in accordance with Section 4.04.040, the City Recorder shall set a date and time for the public hearing to be held pursuant to Section 4.04.060. At least ten days prior to the date scheduled for the hearing, the City Recorder shall post notice of the hearing at City Hall, cause to have such notice published in a newspaper of general circulation in the City, and by certified mail, send such notice to all owners of property which could be benefitted by, and assessed for, the proposed local improvement. Such notice shall state:
1.
A
general description of the proposed project, the improvement portion
thereof and the local improvement district; the date construction
could begin and the estimated date the project and local improvement
would be completed;
2.
Based
on the bid being recommended for award: the estimated total project
cost; the estimated maximum total assessable cost therefrom which
would be levied against each benefitted property without further notice
(provided the actual total assessable cost of the improvement, as
determined upon completion of the local improvement portion of the
project, does not exceed the estimated maximum total assessable cost
based upon the contract awarded by 10% or more); the method of calculating
the assessments; and what amount, if any, of the estimated total project
cost may be borne by the City and others;
3.
A
list of each parcel of benefitted property identified by tax account
and tax lot numbers; and the names and addresses of the owners of
each such parcel according to the Douglas County Assessor's records;
4.
That
as required by the state tax limits, the assessments for the proposed
improvement will be characterized by Council as local improvements
assessments, and that within 60 days of this notice, any ten interested
taxpayers who disagree with this characterization may file a petition
with the Oregon Tax Court;
5.
The
date, time and location of the public hearing;
6.
That
assessments will not be levied until after the improvement has been
completed and the actual total assessable cost has been ascertained;
and should the actual total assessable cost exceed the estimated total
assessable cost by 10% or more, and Council determines an increase
in the estimated assessments is needed:
a.
Council will hold an additional public hearing during which such
possible increase in assessments will be considered prior to adoption
of an ordinance levying said increased assessments;
b.
At least 10 days prior to the public hearing, the City Recorder will
notify each affected property owner, by certified mail, of the date,
time and location of the hearing and that as benefitted property owners,
they shall be given an opportunity to be heard during the public hearing;
and
c.
If, after the hearing, Council elects to increase the assessments,
the increased assessments will be calculated in a proportionate amount
and will not exceed the actual assessable cost of the improvement;
7.
That
when the assessments are levied by Council, the assessments will become
a lien against the benefitted properties if not paid in full within
ten days after the effective date of the assessment ordinance; and
that if the assessments are not so paid, interest on the unpaid balance
will accrue as prescribed in the assessment ordinance until fully
paid, unless payment is deferred under this Chapter;
8.
That
owners of property to be assessed for the proposed local improvement
are requested to attend the hearing and comment on the formation of
the proposed local improvement district and the estimated maximum
assessments; and
9.
The
manner in which such property owners may submit comments for Council
consideration before Council adopts a resolution forming the proposed
local improvement district and stating the estimated total assessable
costs to be levied upon completion of the improvement.
B.
The
City Recorder shall keep a record of the notice posted, published
and mailed to the benefitted property owners and of receipts indicating
delivery of such notice to the property owners.
(Ord. 2923 § 1 (part),
1996)
A.
Prior
to adopting a resolution forming a local improvement district, Council
shall hold a public hearing during which Council shall consider the
City Recorder's and Public Works Director's reports, testimony and
remonstrances given by all affected property owners and any other
information Council feels is relevant to determining if the proposed
improvement is in the best interest of the City.
B.
After considering all information and testimony presented during the hearing in accordance with the above Subsection A, Council may, subject to the limitations of Section 9.1 of the City Charter, by its own motion:
1.
Adopt
a resolution:
a.
Stating the general nature of the improvement;
b.
Forming the local improvement district and identifying its boundaries;
c.
Identifying the benefitted property and the names and addresses of
the owners thereof according to the most recent tax rolls of Douglas
County;
d.
Stating the estimated maximum total assessable cost, based on the contract being recommended for award, apportioning that cost to each parcel of benefitted property and declaring that the estimated assessment for each benefitted property, or a lesser amount, shall be levied following completion of the proposed improvement without further notice to the benefitted property owners, unless, following completion of the improvement, the actual total assessable cost of the improvement exceeds the estimated total assessable cost stated in the resolution by 10% or more, in which event, the Council will hold an additional public hearing in accordance with Section 4.04.100 before adopting an ordinance levying assessments in an amount greater than the estimated assessments stated in the resolution forming the local improvement district;
e.
Stating that the assessments to be levied against benefitted property
shall not exceed actual cost of the improvement; are for bestowal
of a special benefit to specific property or to rectify a problem
caused by specific property; shall be imposed in a single assessment
upon completion of the improvement and may be paid with interest over
at least a ten-year period at the property owner's election; are characterized
for purposes of the property tax limitation in Section 11b, Article
XI of the Oregon Constitution as assessments for a local improvement,
not subject to the constitutional limitations;
f.
Awarding a contract for the construction of the project involving
a local improvement; and
g.
Directing the City Recorder to file a certified copy of the resolution
with the Douglas County Assessor's Office and all title companies
doing business within the corporate limits of the City. Such filing
shall serve as notice of potential liens against the subject benefitted
properties.
2.
Reject all bids received on the project as originally proposed; modify the project or local improvement portion thereof; identify the contemplated boundaries of the modified local improvement district, if necessary; direct the Public Works Director and City Recorder to proceed with the modified project under Sections 4.04.020 through 4.04.060;
3.
Request
additional information regarding the proposed project or local improvement
portion thereof; delay further consideration on, and award of a contract
for, the construction of the proposed project and continue the public
hearing on the proposed improvement portion of the project until such
time as the additional information is provided; or
4.
Reject
all bids received on the proposed project, deny the requested project
or improvement and abandon the proposed project.
(Ord. 2923 § 1, 1996; Ord. 3062 § 1, 2000; Ord. 3592 § 1, 2023)
The estimated total assessable cost of an improvement shall
be computed by the Public Works Director and shall include, but not
be limited to, the estimated cost of constructing the improvement,
engineering, interest on warrants, advertising and providing notice
of assessments and overhead.
(Ord. 2923 § 1, 1996)
A.
Whatever
share, if any, of the estimated total assessable cost of a local improvement
is to be borne by the City shall be deducted from the estimated total
assessable cost before the estimated maximum assessments are apportioned
and determined under this Section. The City shall pay the cost of
the following, providing funds are available and the improvement has
appropriate priority:
1.
Extra
capacity constructed in the improvement to serve areas beyond the
improvement district;
2.
Paving
and sidewalks within the intersection of public ways, which cost may
also be paid by assessing the abutting public way;
3.
Storm
sewers constructed as part of a street improvement within existing
developed areas; and
4.
Other
apportioned costs as recommended by the Public Works Director and
the Finance Director.
B.
The
assessment for each benefitted property shall be calculated as follows:
1.
Special
costs or features of the improvement that benefit a particular property
in a manner peculiar to the property shall, together with a share
of the total assessable cost of the improvement, be assessed separately
against that property.
2.
Unless Council directs otherwise, when it gives preliminary consideration to the local improvement portion of a proposed project under Section 4.04.030, the remainder of the total assessable cost shall be assessed against the property as follows:
a.
Street Construction Assessments.
i.
Property in residentially zoned local improvement districts may be
assessed for a maximum of forty feet of width of an improvement and
for paving of a thickness determined by the Public Works Director,
on the basis of standards of the Oregon State Highway Division or
the Asphalt Institute, to be adequate for residential traffic.
ii.
Property in commercial or industrial zoned local improvement districts
may be assessed for a maximum of forty-eight feet width of an improvement
and for paving of a thickness determined in the manner indicated in
Subparagraph 4.04.080.B.a.i to be adequate for anticipated traffic.
iii.
Property located within a local improvement district and zoned other
than residential, commercial or industrial, may be assessed according
to the predominant existing use of surrounding property.
iv.
The cost for the assessable width for a street improvement shall
be apportioned to each property on the basis of its front footage
abutting the improvement, except that:
(A)
If a residentially zoned property has a total front footage
of less than sixty feet on all abutting streets for which a street
improvement assessment has been or is likely to be made, then that
property shall be assessed as if its front footage on those streets
were sixty feet;
(B)
A property in a single-family zoned local improvement district
shall not be assessed for more than the abutting footage on two sides
of the property.
v.
Assessments for street construction shall include the cost of catch
basins and piping from catch basins to storm sewers for properties
specially benefitted by the basins.
b.
Alley Improvement Assessments.
i.
The cost for an alley improvement shall be apportioned to each property
on the basis of its abutting footage, except that the portion of the
alley improvement in the street right-of-way shall be borne by the
City.
ii.
Assessments for alley construction shall include the cost of catch
basins and piping from catch basins to storm sewer mains for properties
specially benefitted by the basins.
c.
Sidewalk Assessments. Each property abutting a sidewalk shall be
liable for a proportionate share of the cost of the sidewalk, based
on the front footage of the property abutting the sidewalk. The front
footage shall be ascertained in the same manner as for street improvement
assessments. Where, however, Council finds that the topography makes
it unfeasible to construct a sidewalk on both sides of the street,
the cost of the sidewalk on one side of the street may be assessed
to both the properties abutting the sidewalk and the properties on
the opposite side of the street from the sidewalk, on the basis of
the front footage abutting or directly across the street from the
sidewalk, or the costs may also be apportioned on the basis of the
area of sidewalk or driveway apron, or both, abutting each property,
whichever basis is determined by Council to be more equitable.
d.
Storm Sewer Assessments. The cost of storm sewer construction shall
be borne in the following manner:
i.
In a new or undeveloped subdivision or a new development, properties
specially benefitted by the storm sewer shall bear the cost of the
storm sewer up to and including the first thirty-six inches of pipe
diameter. For pipes larger than thirty-six inches, the City may pay
the difference in cost of the larger diameter pipe and the difference
in cost of any trench width wider than forty-eight inches, measured
at the pipe zone, as required for such pipe.
ii.
The cost to be assessed shall be apportioned to each property on
the basis of its land area in the local improvement district.
e.
Sanitary Sewer Assessments. The cost of sanitary sewer construction
shall be borne in the following manner:
i.
The properties specially benefitted by a sanitary sewer shall bear
the cost of the sewer up to and including twelve inches of pipe diameter.
For pipes larger than twelve inches, the City may pay the difference
in cost of the larger diameter pipe and the difference in cost of
any trench width wider than twenty-four inches, measured at the pipe
zone, as required for such pipe.
ii.
The costs to be assessed shall be apportioned to each property on
the basis of a cost per square foot of service area, determined by
dividing the total assessable cost by the total service area. The
service area for each parcel shall be that portion of the property
lying within one hundred sixty feet of the street right-of-way line
or within one hundred sixty feet of the side or rear lot lines when
the sewer is located nearer such a line than the street line.
f.
Water System Assessments. The cost of water system construction shall
be borne in the following manner:
i.
In a new or undeveloped subdivision or a new development, the property
benefitted by the water system construction shall bear the cost of
the water system and all appurtenances up to and including the first
twelve inches of pipe diameter. For pipes larger than twelve inches
the City may pay the difference in cost of the larger diameter pipe.
ii.
The cost to be assessed shall be apportioned to each property on
the basis of front footage abutting the improvement.
g.
Off-Street Parking Facilities. The cost of off-street parking facilities
construction shall be borne as follows:
One unit of benefit shall be considered to be one square foot
of floor space located on the main or ground floor of a structure
and each other square foot of floor space on other levels of the structure
shall be counted as one-half of a unit. To the number of units on
each property the following proximity factors or charges shall be
applied:
i.
Any distance of "0" feet to 200 feet from the nearest proposed parking
facility - a factor of 1.25;
ii.
Any distance 201 feet to 399 feet from the nearest proposed parking
facility - a factor of 1.00;
iii.
Any distance 400 feet and over from the nearest proposed parking
facility - a factor of 0.75;
iv.
Distances shall be measured from the closest part of the property
to the closest part of the nearest proposed parking facility.
|
After the determination of gross number of square-foot unit
benefits and the application of the appropriate proximity factor thereto,
there shall be deducted therefrom the number of square feet on the
property which is not covered with building structures, plus the total
footage of vehicle parking space in any structure. The result will
constitute the number of benefit units upon which the assessment shall
be based.
|
h.
Other Local Improvements. The cost of local improvements not identified
in the above Subparagraphs B.2.a through B.2.g shall be borne by the
benefitted property as determined by Council when granting preliminary
approval of the proposed local improvement.
C.
When properties to be assessed are in a planned unit development or condominium in which the common elements are jointly owned by those owning individual units within the planned unit development or condominium, the entire planned unit development or condominium shall be treated as a single property and its assessment shall be determined as provided in the above Subsection B. After determining the assessment for the entire planned unit development or condominium, the assessment shall then be apportioned and assessed against each individual unit of ownership within the planned unit development or condominium and that unit's interest in the common elements according to the recorded declaration if it contains express language directing the apportionment of assessments for local improvements. Absent such express language, or absent a determination by Council that only specific individual units within the planned unit development or condominium specially benefit from the improvement and should therefore bear the assessments, the assessments shall be apportioned and assessed among the individual units according to the individual unit's proportionate interest in the common elements.
D.
Without repeating the notice required by Section 4.04.050 prior to enactment of the ordinance levying the assessment required by Section 4.04.110, the proposed assessments for individual properties calculated under the above Subsections B and C may be adjusted by a written agreement between the affected property owners and the City provided:
1.
No
property's adjusted proposed assessments exceeds the assessed value
of the property at the time of the agreement;
2.
The
proposed adjusted assessment for any property subject to Subsection
4.04.010.A remains within the limitations imposed under such Section;
and
3.
There
is no increase in the City's share of improvement costs or in assessments
to other properties within the improvement district whose owners were
not a party to the agreement.
E.
1.
Nothing in Section 4.04.070 or this Section shall prevent the Council from adjusting assessments for a local improvement prior to or after enactment of the ordinance levying assessments when the Roseburg Urban Renewal Agency has acted as provided in this Subsection.
2.
When
the Roseburg Urban Renewal Agency Board, in furtherance of its policies,
determines to apply urban renewal agency revenue to the cost of a
project involving a local improvement, the proposed assessments or
the existing assessments, whichever the case may be, shall be adjusted
proportionately to reflect the contribution of the Urban Renewal Agency.
Upon the City receiving such a contribution, the amount attributable
to each property for which unpaid assessments remain shall be deposited
by the Finance Director in the bond retirement fund for the local
improvement and each property's unpaid assessment credited with its
proportionate share. The amount attributed to each property for which
assessments have been paid in full shall be rebated by the Finance
Director to the owner(s) of such properties at the time the City receives
the Urban Renewal Agency's contribution.
(Ord. 2923 § 1 (part),
1996)
A.
Upon
completion of a local improvement portion of a project authorized
by this Chapter, the Public Works Director shall file a report with
the City Recorder which shall include the following information:
1.
The
date the improvement portion of the project was determined by the
Public Works Director to be complete;
2.
The
actual total assessable cost and how such cost compares with the estimated
total assessable cost stated in the resolution;
3.
The
following information regarding how the actual total assessable cost
should be paid:
a.
If the actual total assessable cost of the improvement is equal to,
or less than, the estimated total assessable cost as stated in the
resolution, a breakdown showing:
b.
If the actual total assessable cost of the improvement exceeds the
estimated maximum total assessable cost stated in the resolution by
less than 10%:
c.
If the actual total assessable cost of the improvement exceeds the
estimated maximum total assessable cost stated in the resolution by
10% or more:
i.
A recommendation on whether the City should pay the difference between
the actual total assessable cost and the estimated maximum total assessable
cost or increase the assessments against benefitted properties for
the difference between the estimated and actual assessable cost of
the improvement; and
ii.
If it is recommended the City pay the excess, in addition to the
breakdown required in the above Subparagraph A.3.a, the funding source
from which the excess amount could be paid; or
iii.
If it is recommended the assessments against the benefitted properties
be increased to compensate for the difference between the estimated
and actual total assessable cost of the improvement, the amount by
which the estimated assessments should be increased.
B.
Upon receipt of the Public Works Director's report submitted in accordance with the above Subsection A, the City Recorder shall:
1.
If
the Public Works Director's report indicates no need to increase the
estimated assessments against the benefitted properties, the City
Recorder shall schedule adoption of an ordinance levying assessments
for the completed improvement portion of the project on the next available
Council agenda; or
2.
If the Public Works Director recommends an increase in the assessments to be levied against benefitted properties, the City Recorder shall schedule Council consideration of the Public Works Director's recommendation on the next available Council agenda and forward the Public Works Director's report to Council, advising Council of the requirement to hold a public hearing in accordance with Section 4.04.100 prior to levying assessments in an amount greater than the estimated maximum total assessable cost stated in the resolution.
C.
Upon
receipt of a report from the City Recorder indicating the Public Work's
Director has recommended an increase in the estimated maximum total
assessments stated in the resolution, the Council shall decide whether
or not it would be in the best interest of the City to increase the
estimated assessments. Council shall determine:
1.
That
the City should pay the difference between the estimated and actual
total assessable cost of the completed improvement, identify from
which funds said difference should be paid and adopt an ordinance
levying assessments in the amount stated in the resolution; or
2.
That an increase in the assessments is necessary, set a date for the public hearing required by Section 4.04.100 and direct the City Recorder to send notice of such hearing and proposed increase in assessments by certified mail at least ten days prior to the date of the hearing, to each owner of property benefitted by the local improvement.
(Ord. 2923 § 1 (part),
1996)
As required by Subparagraph 4.04.050.A.6, and as scheduled in
accordance with Subparagraph 4.04.090.C.2, before adopting an ordinance
levying increased assessments against benefitted properties for a
completed local improvement, Council shall hold a public hearing regarding
the intent to levy assessments in an amount greater than the estimated
total maximum assessable cost as stated in the resolution forming
the local improvement district, but not greater than the actual assessable
cost of the improvement. At the hearing, Council shall allow all owners
of benefitted properties to testify for or against the proposed increase
in assessments. After the hearing, Council shall, by its own motion,
set the amount of assessment to be levied against each benefitted
property and direct the City Recorder to prepare an ordinance levying
such assessments and place such assessment ordinance on the next available
Council agenda.
(Ord. 2923 § 1 (part),
1996)
At a meeting scheduled by the City Recorder in accordance with
Subsection 4.04.090.B.1, after considering the Public Works Director's
report and recommendation regarding the completed local improvement
portion of a project, the Council, by its own motion, may:
A.
If the
actual total assessable cost of the improvement is equal to, less
than, or less than 10% more than, the estimated maximum total assessable
cost stated in the resolution, adopt an ordinance levying assessments
against each benefitted property in an amount less than or equal to,
but not more than, the estimated total assessable cost stated in the
resolution; or
B.
If the
actual total assessable cost of the improvement is 10% or more above
the estimated maximum total assessable cost stated in the resolution:
1.
Adopt
an ordinance levying assessments against each benefitted property
in an amount equal to the estimated assessments stated in the resolution;
or,
2.
Following the public hearing required in Section 4.04.100, adopt an ordinance levying assessments against each benefitted property in a proportionate amount which is greater than the estimated assessment stated in the resolution, but not greater than, the actual total assessable cost of the completed improvement.
(Ord. 2923 § 1 (part),
1996)
A.
Upon
adoption of an ordinance levying final assessments against benefitted
property, the City Recorder shall record the assessment ordinance
with the Douglas County Clerk's Office which shall suffice as notice
of potential lien against the benefitted properties to the Douglas
County Assessor's Office and all title companies in the City. The
City Recorder shall also, by certified mail, give notice of the assessments
to the owners of the benefitted properties. Such notice to the owners
shall state that each assessment may be paid in full, without interest,
within ten days of the effective date of the assessment ordinance,
and that if the assessment is not so paid, the assessment will be
filed as a lien against the property and interest on the unpaid balance
of the assessment will accrue from the effective date of the assessment
ordinance until the assessment is paid in full, unless payment of
the assessment is deferred as provided by this Chapter. The notice
shall also state that the assessment may be paid in installments according
to the terms set forth in the assessment ordinance, and shall include
an application for so paying the assessment.
B.
Unless
otherwise specified by this Chapter or by the assessment ordinance,
reference in this Chapter to making payments in installments, including
but not limited to, installment payments under the Bancroft Bonding
Act, shall mean paying the obligation in up to twenty equal semiannual
principal payments and interest not to exceed twelve percent per annum
on the unpaid balance, provided no such principal payment is less
than twenty-five dollars.
(Ord. 2923 § 1 (part),
1996; Ord. 3062 § 2, 2000)
A.
Any
owner of real property which can be served by already installed City
water facilities for which the property has not been assessed, shall
pay to the Finance Director an equivalent assessment and any other
fees required by the City before connecting to the water facilities.
The equivalent assessment shall be determined by the Public Works
Director based on the greater of:
1.
The
cost of constructing the water facilities to which connection is proposed;
or
2.
The cost identified in the above Subparagraph A.1 plus the amount such costs have increased as reflected in a regionally or nationally published construction cost index which most closely reflects the change in construction costs in the City. As used in this Subsection, "cost" includes the expenses identified in Section 4.04.070.
B.
In lieu
of paying the equivalent assessment at the time of connection, an
owner of real property to be connected to a water facility may execute
and deliver to the Finance Director an agreement to pay the equivalent
assessment in installments. The Finance Director may accept the owner's
agreement to pay only if it is consistent with the conditions established
under Subsection 4.04.010.A and with the time allowed for payment
of similar local improvement assessments under the Bancroft Bonding
Act. Equivalent assessments paid as provided in this Subsection are
hereby declared a lien against the real property and shall be docketed
in the lien docket of the City and may be foreclosed in the same manner
as a local improvement assessment lien.
C.
The
equivalent assessment required by this Section shall be in addition
to all other fees and assessments required under this Code.
(Ord. 2923 § 1 (part),
1996)
A.
Collection
of the portion of the street construction assessment representing
the costs in excess of that for a thirty-four-foot street may be deferred
if:
1.
The
real property is located in a low density residential zone or a single-family
residential zone and is undeveloped property; or
2.
The
real property is in any other zone but is used for an owner-occupied
single-family dwelling. (If the property that has the potential for
development has more than one parcel, and the property in aggregate
exceeds 10,000 square feet, deferral will be allowed only on the portion
where the dwelling is located, including minimum yard setbacks.)
B.
Collection of an assessment for construction of a new street opened through Council action may be deferred when the abutting real property does not have driveway access to the street and is not developed for a purpose which makes use of the street. Upon receiving a permit to construct a driveway that takes access onto a street for which the assessment has been deferred, the property owner shall pay the deferred assessment or agree to pay the deferred assessment in installments in the same manner provided in Section 4.04.150.
C.
Collection
of a sewer improvement assessment may be deferred when a sanitary
sewer or a storm sewer line is installed across or adjacent to undeveloped
real property which is located within one hundred sixty feet of the
sewer, which has not been subdivided, which does not have access to
a sanitary or storm sewer system, and which is located more than one
hundred sixty feet away from a dedicated road or street.
D.
Collection
of an assessment for construction of a sanitary sewer service line
may be deferred if:
(Ord. 2923 § 1 (part),
1996)
For any person requesting such information, the City Recorder
shall provide information regarding eligibility for deferral, modification
or extension of assessment payments. An eligible real property owner
who requests such a deferral, extension or modification shall submit
evidence of eligibility on forms provided by the City Recorder. After
review of the evidence submitted, the City Recorder shall notify the
applicant whether the request has been granted. If it has, the applicant
shall enter into a contract to pay the assessment in accordance with
the terms of the deferral, extension or modification. The contract
shall be on a form approved by the City Attorney and may be recorded
in the official records of Douglas County, Oregon.
(Ord. 2923 § 1 (part),
1996)
An assessment deferred under Section 4.04.140 shall accrue simple interest of three percent per annum from the date it is levied until the deferral ends. The contract required by Section 4.04.150 shall specify whether the interest is to be paid semiannually or monthly during the deferral or in one lump sum at the end of the deferral. When the deferral ends, payment of the assessment shall be made as provided in Section 4.04.180.
(Ord. 2923 § 1 (part),
1996)
A deferral, extension or modification of assessment payments
shall end if:
A.
The owner of the property for whom the deferral, extension or modification is granted defaults in performing the contract pertaining thereto under Section 4.04.150;
B.
The
owner transfers, or the property passes, to any other party except
surviving spouse through fee title or a possessory interest in the
parcel to which the deferral, extension or modification pertains;
C.
The
property for which a deferral was granted under Subsection 4.04.140.A
is used for a purpose other than the use existing at the time the
deferral was granted;
D.
The
property for which a deferral was granted under Subsection 4.04.140.B
has access to the street through a driveway or is used for a purpose
other than a single-family residence or is partitioned to create new
lots fronting on the street for which the assessment was levied; or
E.
The
property, for which a deferral has been granted under Subsection 4.04.140.C,
is subject to one of the following changes:
1.
A
land division or re-division either by a subdivision or major or minor
partition is filed by the owner;
2.
A
sanitary sewer lateral system becomes usable by the property;
3.
A
dedicated roadway is extended to provide access to the property located
within one hundred six-ty feet of the sewer; or
4.
An
application is made for a permit to connect existing or proposed improvements
on a portion of the property to a public sanitary sewer system;
F.
The
owner of the property for which a deferral was granted under Subsection
4.04.140.D.2 and D.3 makes application for a sanitary sewer connection
permit.
(Ord. 2923 § 1 (part),
1996)
A.
Any assessment for which payments have been deferred, extended or modified under Section 4.04.140 shall be a lien on the property to which the assessment pertains. Except as provided in Subsection B of this Section, when such an assessment becomes due under Section 4.04.170, the entire unpaid principal plus interest shall be due and payable and it may be enforced and collected as though it has not been deferred, extended or modified and as though no timely application was made to pay the assessment in installments.
B.
When a deferral, extension or modification of assessment payments ends for the reasons in Subsections E.2, E.3, E.4 and F of Section 4.04.170, the real property owner may pay the assessment and interest thereon as provided in Section 4.04.120 from the date the deferral, extension or modification ended.
(Ord. 2923 § 1 (part),
1996)
A.
Following the 10 day period provided for payment of a final assessment or filing of an application for installment payments as provided by Section 4.04.120, the City Recorder shall:
1.
Prepare
and record with the Douglas County Clerk's Office, a Notice of Lien
for any assessment which has not been paid in full. The Notice of
Lien shall identify the local improvement project; the property being
assessed; the amount of the final assessment, interest and any penalty
thereon; the names and addresses of the owners of the assessed property
and the date of adoption of the assessment ordinance. Such recording
shall serve as notice of the liens against the benefitted properties
to the Douglas County Assessor's Office and all title companies within
the City. A copy of such Notice of Lien shall be forwarded to all
owners of property on which such liens have been filed. The City Recorder
shall also enter such unpaid assessments in the docket of City liens,
together with the information included in the Notice of Lien. Upon
the recording of the Notice of Lien and the entry in the City s lien
docket, each unpaid assessment shall become a lien upon the respective
property which has been assessed for such improvement.
2.
Prepare
and provide to the owner of the assessed property, a Satisfaction
of Potential Lien for any assessment paid in full. Along with all
the information provided in the Notice of Lien as outlined above,
the Satisfaction of Lien shall also identify the date on which the
assessment was paid. A copy of such Satisfaction of Lien shall also
be mailed to the Douglas County Assessor's Office and all title companies
within the City.
B.
The City Manager may proceed to foreclose or enforce collection on any delinquent final assessment or installment thereon, which has been entered in the City's lien docket pursuant to the above Subsection A, at any time after one year from the date the final assessment or any installment thereon becomes due and payable, if bonded; otherwise, at any time after 60 days from the date it becomes due and payable. If a valid application for installment payments is filed and such installment payment and interest thereon becomes delinquent by 60 days, then the entire balance of the installments, including interest, shall at once become due and payable and may be foreclosed upon as outlined in this Subsection. The foreclosure or collection shall be for the full amount of unpaid principal, interest and any penalty, plus all costs the City incurs for such foreclosure or collection, including Attorney fees.
C.
In any
proceeding to foreclose a City lien, the City may, at the direction
of the City Manager, enter a bid for the property being offered at
a foreclosure sale, which bid shall be prior to all bids, except those
made by persons who would be entitled under the laws of the state
to redeem the property. The purchaser at the foreclosure sale shall
be entitled to possession of the property from the date of sale until
a redemption of the property, if any.
D.
In addition
to the methods authorized by this Section, the City Manager may use
any other method authorized by law to enforce installment contracts.
(Ord. 2923 § 1 (part),
1996; Ord. 3062 § 3, 2000; Ord. No. 3508, § 1, 9-10-2018)
A person who alleges an error in calculation of assessments
may call the alleged error to the attention of the City Recorder,
who shall determine whether there has been an error in fact. If the
City Recorder finds that there has been an error in fact, the City
Recorder shall recommend to Council an amendment to the assessment
ordinance to correct such error; and upon enactment of the amendment,
the City Recorder shall make the necessary correction in the docket
of City liens and send a corrected notice of assessment to the property
owner by certified mail.
(Ord. 2923 § 1 (part),
1996)
A.
Whenever
property assessed as a single parcel is subsequently subdivided or
partitioned, a person owning any of the subdivision or partition and
desiring to remove the assessment or to apportion the assessment among
the lots in the subdivision or parcels in the partition shall apply
through the City Recorder to Council for a segregation of the assessment
and a determination of the amount due on that subdivision or partition.
B.
If Council
finds that the segregation can be made without prejudice to the security
interest of the City, the City Recorder shall, upon receiving payment
applicable to the segregated portion of the property, discharge the
lien of the assessment on that subdivision or partition.
C.
Notwithstanding the above Subsection B, if the assessment is for off-street parking facilities, the City Recorder shall conduct a hearing on the requested segregation. Each owner of a lot in a subdivision or parcel in a partition shall be entitled to be heard at that hearing and shall receive ten days' advance notice of the hearing. On the basis of the evidence presented at the hearing, the City Recorder shall recommend to Council that the segregation be approved or disapproved. Upon receipt of the recommendation, Council shall consider the matter, and if Council finds that the requested segregation can be made without prejudice to the security interest of the City, it shall direct the City Recorder to apportion the assessment among the subdivision lots or partition parcels and change the assessment lien docket accordingly.
D.
If Council determines the City would be prejudiced by a segregation requested pursuant to the above Subsection A, payment of the entire assessment for the subdivision or partition shall be a condition precedent to discharge of the lien of the assessment.
E.
Each
application for segregation of assessment shall be accompanied by
a fee set by Council resolution.
(Ord. 2923 § 1 (part),
1996)
The Council may abandon or rescind proceedings for a project
involving a local improvement approved under this Chapter at any time
before the final completion of the project or the local improvement
portion thereof.
(Ord. 2923 § 1 (part),
1996)
No local improvement assessment is invalid by reason of:
A.
A failure
of the Public Works Director to provide all required information;
B.
A failure
to have all the information required in the improvement resolution,
the assessment ordinance, the lien docket or notices required to be
posted, published or mailed;
C.
The
failure to list the name of, or mail to, the owner of any property,
any required notice; or
D.
Any
other error, delay, omission, irregularity or other act, jurisdictional
or otherwise, in any proceeding or step specified in this Chapter,
unless it appears that the assessment is unfair or unjust in its effect
upon the person complaining. The Council may remedy and correct all
such matters by suitable action.
(Ord. 2923 § 1 (part),
1996)
Whenever any assessment for any local improvement which has
been made by the City is set aside, annulled, declared or rendered
void, or its enforcement is restrained by any court of competent jurisdiction,
or when Council doubts the validity of the assessment, Council may
reassess in the manner provided by state law; provided, however, that
Council or its designee may conduct any hearings as provided in this
Chapter.
(Ord. 2923 § 1 (part),
1996)
Any time after the award of the contract for construction of
a project involving a local improvement the City Manager is authorized
to issue and reissue improvement warrants as provided by state law
to pay the cost of design and construction of the local improvement.
Such improvement warrants shall be general obligations of the City
and shall be redeemed upon the sale of bonds for the local improvement
or upon appropriation of other funds for that purpose.
(Ord. 2923 § 1 (part),
1996)
