As used in this chapter, unless the context requires otherwise:
"Council"
means the City Council of the City of Milwaukie, Oregon.
"Costs"
means the total cost of making and financing the improvement
including, but not limited to, design, construction, materials, equipment,
administration, supervision, inspection, property acquisition, advertising,
interest, legal, financial, and any other costs or expenses attributable
to the improvement.
"Local improvements"
means:
1.
The grading, graveling, paving, or other surfacing of any street,
or opening, laying out, widening, extending, altering, changing the
grade, or constructing any street;
2.
The construction or reconstruction of sidewalks;
3.
The installation of street lights;
4.
The installation of underground wiring or related equipment;
5.
The reconstruction or repair of any street improvement mentioned
in this section;
6.
The construction, reconstruction, or repair of any sanitary
or storm sewer or water main;
7.
The acquisition, establishment, construction, or reconstruction
of any off-street motor vehicles parking facility;
8.
The construction, reconstruction, installation, and equipping
of a neighborhood recreation facility;
9.
Any other local improvement for which an assessment may be made
on the property specially benefited.
"Lot"
means lot, block, or parcel of land;
"Owner"
means the owner of the title to real property or the contract
purchaser of real property of record as shown on the last available
complete assessment roll in the Office of the County Assessor;
(Ord. 1580 § 1, 1985)
The Council may provide for the City to do the work, or it may
award the work on contract. In the event the work is done under contract,
bids shall be received after advertisement therefor. The contract
shall be awarded to the lowest responsible bidder, provided the Council
shall have the right to reject any and all bids if it is in the public
interest to do so. The Council shall provide for the taking of security
by bond for the faithful performance of any contract let under its
authority, and the provisions thereof, in case of default, shall be
enforced in the name of the City.
(Ord. 1580 § 6, 1985)
When the estimated cost has been ascertained on the basis of a contract awarded or City construction cost estimates or after the work has been done and the cost thereof actually determined, the Council shall determine whether the property benefited shall bear all or a portion of the cost. The Council shall direct the Finance Director or other City official to prepare the proposed assessment to the respective lots benefited by the improvement. Notice of the proposed assessment shall be mailed to the owner of each lot to be assessed stating the amount of the proposed assessment on the property, the date of the hearing on the proposed assessment, and a date by which time objections must be filed. The hearing on the proposed assessments may be held at the same time as the hearing required by Section
3.08.050, if appropriate notice is given pursuant to this section and Section
3.08.040.
(Ord. 1580 § 7, 1985)
The Council shall, after the expiration of the date by which
time objections to the proposed assessments shall be filed, but not
earlier than 14 days after the notice is mailed or published if one
or more property owners are unknown, conduct a hearing to consider
such objections and may adopt, correct, modify, or revise the proposed
assessments and shall thereafter determine the amount of actual assessment
to be apportioned against the various lots benefited by the improvement.
The Council shall by ordinance containing appropriate findings spread
the assessments upon the property in the manner and amounts so determined.
The Council may delay the passage of such an assessment ordinance
until the contract for the work is let or the improvement completed
and the total cost thereof determined, to avoid deficit assessments
or rebates, or for any other reason deemed sufficient.
(Ord. 1580 § 8, 1985)
A property owner may appeal any assessment made under this chapter
according to the procedure provided by Oregon law.
(Ord. 1580 § 10, 1985)
Within 10 days after the ordinance levying assessments has been passed, the Finance Director shall send a notice of assessment by mail to the record owner at his or her last known address, of each lot assessed. This notice shall state the time within which such assessments must be paid or bonded and that assessments which are not paid or bonded within the time stated in the notice shall bear interest at the percentage rate per annum fixed by the City Council in accordance with Section
3.08.110 of this chapter, and that the property so assessed is subject to foreclosure if such assessments are not paid or bonded within the time stated in the notice. The notice shall also include information on deferral of assessments under ORS 311.702 through 311.735. The owner may make application to bond such assessment pursuant to the provisions of ORS 233.205 through 233.295. City-sponsored loan programs are available as provided in Section
3.08.125.
(Ord. 1580 § 12, 1985; Ord. 1661 § 3, 1989)
A. Loan
Program
Low income property owners unable to pay for water, sewer, and
other infrastructure improvements may apply for a program to extend
the payment terms of their assessments. Depending upon eligibility,
a property owner may apply for the longer term installment payment
program or the low interest long-term program.
B. Longer
term Installment Payments
This loan program is designed for those low income properties
that need a longer period of time to pay for their assessment. This
program will be divided into two terms; a 20-year and a 30-year. Commercial
establishments may only be eligible for the 20-year program. This
program is dependent upon City bond financing. Participants must not
exceed the low income level adopted by resolution of the City Council.
C. Low
interest Long-term Program
This loan program is designed for those participants that meet
the low income levels adopted by resolution of the City Council for
low interest long-term repayment of assessment. Commercial establishments
are not eligible for this loan program. This program is solely dependent
upon availability of City funds. In addition to the application eligibility
requirements, the full assessment plus interest is due and payable
upon the sale or change in use of the property or the death of the
applicant.
D. Application—Eligibility
1. To
the extent that City bond financing is available and the requirements
of the ordinance codified in this section are met, an assessed property
owner may make application to obtain a longer loan payment program
for local improvement district infrastructure assessments.
2. To
be eligible for the loan payment program:
a. The property must meet the requirements of ORS 223 for improvement
financing;
b. The property involved must be occupied and used by the applicant
as his or her principal residence, or in the case of a commercial
establishment must be occupied and used by the applicant for business
purposes;
c. No other City assessments or accounts may be in arrears on the property;
d. The income of the family or commercial establishment, of which the
applicant is a member, shall not exceed the income level adopted by
resolution of the City Council;
e. "Family" means one person or two or more persons related by blood,
marriage, legal adoption, or guardianship; or a group of not more
than five persons, all or part of whom are not related by blood, marriage,
legal adoption, or guardianship, living together as a simple housekeeping
and economic unit in the dwelling occupying the property for which
the low income loan payment program is applied for;
f. The applicant shall file an application to obtain the low income
loan payment with the City Finance Director prior to qualifying for
the program;
g. Proof of total household income must be given to the City Finance
Director prior to qualifying for the program and annually updated
after approval.
(Ord. 1661 §§ 1,
2, 1989)
Claimed errors in the calculation of assessments shall be called
to the attention of the Finance Director prior to any payment on account
thereof. The Finance Director shall determine whether there is an
error in fact and if he or she shall find that there is an error in
fact, he or she shall recommend to the Council an amendment to the
assessment ordinance to correct the error. Upon the enactment of such
an amendment or corrected ordinance by the Council, the Finance Director
shall make the necessary correction in the docket of City liens and
send by mail to the last known address of the owner a corrected notice
of the assessment.
(Ord. 1580 § 13, 1985)
If assessment is made before the total cost of the improvement is known and it is found that the amount assessed is insufficient to defray the expense of the improvement, the Council may by resolution declare such deficit and prepare a proposed deficit assessment. The Council shall set a time for a hearing of objections to such deficit assessment and shall direct the Finance Director to provide notice thereof in the manner set forth in Section
3.08.070 of this chapter. The Council upon such hearing shall make a just and equitable deficiency assessment by ordinance. Such deficit assessment shall be consolidated with the assessment in the lien docket in accordance with the provisions of Section
3.08.120. Thereafter, the provisions of Sections
3.08.120 and
3.08.130 shall be applicable with regard to such deficit assessment.
(Ord. 1580 § 14, 1985)
If, after any assessments are made and the improvement is not
done, or upon the completion of the project it is found that any sum
theretofore assessed therefor upon any property is more than sufficient
to pay the cost thereof, the Council must ascertain and declare the
same by ordinance, and when so declared, there must be entered in
the docket of City liens a credit upon the appropriate assessment.
If any such assessment has been paid, the person who paid the same
or his or her legal representative shall be entitled to the payment
of any portion of the rebate credit which exceeds the assessment or
costs to the City by a check on the City.
(Ord. 1580 § 15, 1985)
Whenever an assessment, deficit assessment, or reassessment
for any improvement which has been or may be hereafter made by the
City has been or shall be hereafter set aside, annulled, declared,
or rendered void, or its enforcement refuted by any court of this
state or any federal court having jurisdiction thereof, whether directly
or by virtue of any decision of such court, or when the Council shall
be in doubt as to the validity of such assessment, deficit assessment,
or reassessment or any part thereof, the Council may make a new assessment
or reassessment. Such reassessment shall be made in the manner provided
by ORS 223.405 through 233.485.
(Ord. 1580 § 16, 1985)
When any lot subject to an outstanding assessment is partitioned
or subdivided, and the City receives a request to reapportion the
assessment, the Finance Department shall apportion the assessment.
The Finance Director shall charge a fee for this service as established
by resolution of the City Council.
(Ord. 1580 § 17, 1985)
No improvement shall be held invalid by reason of a failure
to give, in any report, in the proposed assessment, in the assessment
ordinance or ordinances, in the lien docket or elsewhere in the proceedings,
the name of the owner of any lot, or part thereof, or the name of
any person having a lien upon or interest in such property, or by
reason of any error, mistake, delay, omission, irregularity, or other
act, jurisdictional or otherwise, in any of the proceedings or steps
made, insofar as it affects the person complaining, is unfair and
unjust, and the Council shall have power and authority to remedy and
correct such matters by suitable action and proceedings.
(Ord. 1580 § 15, 1985)