A. 
When the council considers it necessary to require that improvements to a street, sewer, water, sidewalk, parking, curbing, drain or other public improvement defined in ORS 223.387 be paid for in whole or in part by special assessment according to benefits conferred, the council shall declare by resolution that it intends to make the improvement and direct the city engineer or public works director to make a survey of the improvement and file a written report with the recorder.
B. 
When owners of two-thirds of the property that will benefit by improvements defined in subsection A request by written petition which contains signed agreements by at least two-thirds of the property owners affected based upon the percentage of front feet on the street, the council shall declare by resolution that it intends to make the improvement and direct the city engineer or public works director to make a survey of the improvement and file a written report with the recorder.
(Ord. 85-6 § 1; Ord. 93-4 §§ 1, 2)
Unless the council directs otherwise, the engineer's or public works director's report shall contain the following:
A. 
A map or plat showing the general nature, location and extent of the proposed improvement and the land to be assessed for payment of the cost;
B. 
Plans, specifications and estimates of work to be done. If the proposed project is to be carried out in cooperation with another governmental agency, the engineer or public works director may adopt plans, specifications and estimates of that agency;
C. 
An estimate of probable cost of the improvement, including legal, administrative and engineering costs;
D. 
An estimate of unit cost of the improvement to the benefited properties, per square foot, per front foot, or another unit of cost;
E. 
A recommendation concerning the method of assessment to be used to arrive at a fair apportionment of the whole or a portion of the cost of the improvement to benefited properties;
F. 
A description of each lot, parcel of land or portion of land to be benefited, with names of the record owners and, when readily available, names of contract purchasers as shown on books and records of the Clatsop County tax department or the city. To describe each lot or parcel of land under provisions of this section, it shall be sufficient to use the tax account number assigned to the property by the tax department or the book and page designations shown on books and records of the Clatsop County clerk;
G. 
A recommendation on the rate of interest to be paid on assessments bonded under the Bancroft Bonding Act and ORS Chapter 223.
(Ord. 85-6 § 2)
After the engineer's or public works director's report is filed with the recorder, the council may by resolution approve the report, modify the report and approve it as modified, require the engineer or public works director to supply additional or different information for the improvement, or abandon the improvement.
(Ord. 85-6 § 3)
After the council has approved the engineer's or public works director's report as submitted or as modified, the council shall declare by resolution that it intends to make the improvement and direct the recorder to give notice of the council's intent by two publications, one week apart, in a newspaper of general circulation in the city. The notice shall contain the following:
A. 
That the report of the engineer or public works director is on file in the office of the recorder and is subject to public examination;
B. 
That the council will hold a public hearing on the proposed improvement on a specified date, which shall be not less than ten days after the first publication of notice, at which objections and remonstrances to the improvement will be heard by the council, and that the improvement will be suspended for six months if written remonstrances are filed before or during the hearing by owners of two-thirds of the property to be assessed;
C. 
A description of the property to be benefited by the improvement, owners of the property as shown on books and records of the Clatsop County tax department and the engineer's or public works director's estimate of total cost of the improvement to be paid by special assessments to benefited properties. For purposes of this section, it shall be sufficient to describe the property to be benefited by the tax account number assigned to the property and used by the Clatsop County tax department or the book and page designations shown on books and records of the Clatsop County clerk.
(Ord. 85-6 § 4)
The council may provide in the improvement resolution that the construction work may be done in whole or in part by the city, by contract, by another governmental agency or by a combination thereof.
(Ord. 85-6 § 5)
If written remonstrances are less than the amount required to suspend the proposed improvement, the council may by motion, at the time of the hearing or within sixty days thereafter, on the basis of written remonstrances and oral objections, order the improvement carried out in accordance with the resolution or, if the project was initiated by council motion and not by petition of property owners, abandon the improvement.
(Ord. 85-6 § 6)
The council may direct the recorder to advertise for bids for construction of all or part of the improvement project. If part of the improvement work is to be done under contract bids, the council shall proceed in accordance with procedures of state law for public contracting.
(Ord. 85-6 § 7)
A. 
The council, in adopting a method of assessing the cost of the improvement, may:
1. 
Use any just and reasonable method to determine the extent of an improvement district consistent with the benefits derived.
2. 
Use any just and reasonable method to apportion the sum to be assessed among the benefited properties.
3. 
Authorize payment by the city of all or part of the cost of an improvement when in the opinion of the council the topographical or physical conditions, unusual or excessive public travel, or other character of the work warrants only partial payment or no payment of the cost by owners of benefitted properties.
4. 
Assessments may be made among all affected property owners based upon the frontage on the street.
B. 
Nothing contained in this section shall preclude the council from using other means of financing improvements, including federal and state grants-in-aid, sewer charges or fees, revenue bonds, general obligation bonds, or other legal means of finance. If other means of finance are used, the council may levy special assessments according to benefits derived to cover any remaining cost.
(Ord. 85-6 § 8; Ord. 93-4 § 3; Ord. 06-13 § 1)
A. 
If the council determines the public improvement shall be made, when the estimated cost is determined on the basis of the contract award or city departmental cost or after the work is done and the cost has been actually determined, the council shall decide whether the benefitted property shall hear all or a portion of the cost. The city manager or other persons designated by the council shall prepare the proposed assessment for each lot within the assessment district and file the assessments in the city manager's office.
B. 
The notice of assessment shall include the name of the property owner, a description of the assessed property, the amount of the assessment, and the date of the assessment ordinance, and shall state that interest will begin to run on the assessment and the property will be subject to foreclosure unless the owner either makes application to pay the assessment in installments within ten days after the date of the first publication of notice or pays the assessment in full within thirty days after the date of the assessment ordinance.
(Ord. 85-6 § 9; Ord. 93-4 § 4)
A. 
After the assessment ordinance is adopted, the recorder shall enter into the docket of liens a statement of the amount assessed on each lot, parcel of land or portion of land, a description of the improvement, names of property owners, and the date of the assessment ordinance. On entry into the lien docket, the amounts shall become liens and charges on the lots, parcels of land or portions of land that have been assessed for improvement. The recorder shall also have recorded into county property records all amount(s) assessed upon each tract or parcel of land along with the names of the record owners thereof.
B. 
Assessment liens of the city shall be superior and prior to all other liens or encumbrances on property insofar as state law permits.
C. 
Thirty days after the date of the assessment ordinance, interest shall be charged at a rate of four percent more than the interest rate in Section 12.12.020(G), and the city may foreclose or enforce collection of assessment liens in the manner provided by state law.
D. 
The city may enter a bid on property being offered at a foreclosure sale. The city bid shall be prior to all bids except those made by persons who would be entitled under state law to redeem the property.
(Ord. 85-6 § 10; Ord. 09-10 § 1)
Claimed errors in the calculation of assessments shall be called to the attention of the recorder, who shall determine whether there has been an error. If there has been an error, the recorder shall recommend to the council an amendment to the assessment ordinance to correct the error. On enactment of the amendment, the recorder shall make the necessary correction in the docket of liens and send a corrected notice of assessment by registered or certified mail.
(Ord. 85-6 § 11)
If an assessment is made before the total cost of the improvement is determined, and if the amount of the assessment is insufficient to defray expenses of the improvement, the council may declare the insufficiency by motion and prepare a proposed supplemental assessment. The council shall set a time for hearing objections to the supplemental assessment and direct the city recorder to publish one notice of the hearing in a newspaper of general circulation in the city. After the hearing the council shall make a just and equitable supplemental assessment by ordinance, which shall be entered in the docket of liens as provided by Section 12.12.100. Notice of the supplemental assessment shall be published and mailed, and collection of the assessment shall be made, in accordance with Sections 12.12.100 and 12.12.110.
(Ord. 85-6 § 12)
On completion of the improvement project, if the assessment previously levied on any property is found to be more than sufficient to pay the cost of the improvement, the council shall determine the excess and declare it by ordinance. When declared, the excess amounts must be entered in the lien docket as a credit on the appropriate assessment. If an assessment has been paid, the person who paid it or that person's legal representative shall be entitled to payment of the rebate credit.
(Ord. 85-6 § 13)
Subject to curative provisions of Section 12.12.160 and rights of the city to reassess as provided in Section 12.12.170, proceedings for writs of review and other appropriate equitable or legal relief may be filed as provided by state law.
(Ord. 85-6 § 14)
The council may abandon proceedings for improvements made under Sections 12.12.010 to 12.12.170 at any time before final completion of the improvements. If liens have been placed on property under this procedure, they shall be canceled, and payments made on assessments shall be refunded to the person who paid them or to that person's legal representative.
(Ord. 85-6 § 15)
A. 
An improvement assessment shall not be rendered invalid by reason of:
1. 
Failure of the engineer's or public works director's report to contain all information required by Section 12.12.020;
2. 
Failure to have all the required information in the improvement resolution, assessment ordinance, lien docket, or notices required to be published and mailed;
3. 
Failure to list the name of or mail notice to an owner of property as required by this chapter;
4. 
Any other error, mistake, delay, omission, irregularity or other act, jurisdictional or otherwise, in the proceedings or steps specified, unless it appears that the assessment is unfair or unjust in its effect on the person complaining.
B. 
The council shall have authority to remedy and correct all matters by suitable action and proceedings.
(Ord. 85-6 § 16)
When an assessment, supplemental assessment or reassessment for an improvement made by the city has been set aside, annulled, declared or rendered void, or its enforcement restrained by a court of this state or by a federal court having jurisdiction, or when the council doubts the validity of the assessment, supplemental assessment, reassessment or any part of it, the council may make a reassessment in the manner provided by state law.
(Ord. 85-6 § 17)