As used in this chapter, unless the context requires otherwise:
means the City Council of the City of Milwaukie, Oregon.
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.
means the Finance Director for the City of Milwaukie, Oregon.
means:
The grading, graveling, paving, or other surfacing of any street,
or opening, laying out, widening, extending, altering, changing the
grade, or constructing any street;
The construction or reconstruction of sidewalks;
The installation of street lights;
The installation of underground wiring or related equipment;
The reconstruction or repair of any street improvement mentioned
in this section;
The construction, reconstruction, or repair of any sanitary
or storm sewer or water main;
The acquisition, establishment, construction, or reconstruction
of any off-street motor vehicles parking facility;
The construction, reconstruction, installation, and equipping
of a neighborhood recreation facility;
Any other local improvement for which an assessment may be made
on the property specially benefited.
means lot, block, or parcel of land;
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;
means the Public Works Director for the City of Milwaukie,
Oregon.
(Ord. 1580 § 1, 1985)
A.
Council
Initiation
The Council of the City may on its own motion initiate proceedings
for the creation of any local improvement district.
B.
Petition
of Property Owners
A majority (60%) of the owners of real property which will be
benefited by the proposed local improvement district may petition
for the creation of a local improvement district.
(Ord. 1580 § 2, 1985)
A.
Upon its own motion or upon receipt of a petition under Section 3.08.020, the Council shall cause a report to be prepared containing:
1.
A
plat or map showing the general nature, location, and extent of the
proposed improvement and the lands to be assessed to pay all or any
part of the costs;
2.
Plans,
specifications, and estimates of the work to be done;
3.
An
estimate of the costs of the improvement;
4.
The
proposed boundaries of the local improvement district;
5.
A
recommendation as to the method of assessment to be used to arrive
at a fair apportionment of the whole or any portion of the costs of
the improvement to the property benefited;
6.
A
description of the location and assessed value of each lot, or portion
thereof, to be benefited by the improvement, with the names of the
owners;
7.
A
statement showing outstanding assessments against the property to
be assessed;
8.
Any
other information required by the Council, who may direct the Finance
Director or other public official to assist the Public Works Director
in obtaining the information required by this section.
B.
If,
after receipt of the report, the Council deems it advisable to make
the improvement, it shall adopt a resolution of intent to initiate
the improvement and direct that notice of a public hearing be given.
(Ord. 1580 § 3, 1985)
A.
After
adoption of the resolution of intent, the Finance Director shall prepare
a notice of public hearing containing the following information:
1.
Description
of the boundaries of the district;
2.
The
estimated probable cost of the proposed improvement;
3.
The
proposed method of assessment proposed to be used to arrive at a fair
apportionment of the total cost of the improvement against the property
benefited;
4.
The
date of public hearing when the Council will consider remonstrances
to the proposed improvement;
5.
That
property owners' written remonstrances may be filed at the office
of the Finance Director not later than the scheduled time for the
hearing.
B.
Not
later than 10 days prior to the hearing, the Finance Director shall
mail copies of the notice to the last known address of each record
owner and of property benefited by the proposed improvement. If one
or more of the property owners is unknown, the Finance Director shall
publish the notice in a newspaper of general circulation.
(Ord. 1580 § 4, 1985)
A.
At the
hearing, the Council shall consider property owners' written remonstrances
to and oral testimony on the improvement. Any written or oral remonstrances
may be withdrawn at any time prior to or during the hearing. If an
owner does not remonstrate, the owner shall be deemed to have waived
any objections to making the improvement. The Council shall not consider
remonstrances filed on behalf of property for which the City has a
waiver of remonstrance on file. Oral or written remonstrances by the
owners of 2/3 of the property to be assessed for the proposed improvement
shall suspend action regarding the improvement for six months, unless
such public improvement is for sidewalks, or an emergency regarding
the necessity for such improvement exists and is so declared by the
Council.
B.
If the
Council determines to alter the boundaries of the district, it shall
direct that another hearing be held and additional notice provided.
C.
If the
City Council, after considering any remonstrances, finds that the
improvement is for sidewalks, there are insufficient remonstrances,
or an emergency exists, it shall authorize the improvement and establish
the local improvement district by ordinance. The ordinance shall include
a description of the improvement, how the work will be done, boundaries
of the district and appropriate findings showing the improvement is
consistent with the Comprehensive Plan.
(Ord. 1580 § 5, 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.
The
Council, in adopting a method of assessment of the costs of the improvements,
may:
1.
Use
any just and reasonable method of determining the extent of any improvement
district consistent with the benefits derived;
2.
Use
any method of apportioning the sum to be assessed as is just and reasonable
between the properties determined to be benefited;
3.
Authorize
payment by the City of all or any part of the cost of any such improvement
when in the opinion of the Council, due to topographical or physical
conditions or excessive public travel, or other character of the work
involved, or when the Council otherwise believes the situation warrants
it, provided the method selected creates a reasonable relation between
the benefits derived by the property assessed and the benefits derived
by the City as a whole.
B.
This
section shall not preclude the Council from using other available
means of financing public improvements, including, but not limited
to, federal or state grants-in-aid, sewer service or other types of
service charges, revenue bonds, general obligation bonds, or other
legal means of finance. In the event any of such other means of finance
are used, the Council may, in its discretion, levy special assessments
hereunder according to benefits received to cover any part of the
costs of the improvement not covered by such other means.
(Ord. 1580 § 9, 1985)
A property owner may appeal any assessment made under this chapter
according to the procedure provided by Oregon law.
(Ord. 1580 § 10, 1985)
A.
After
the ordinance levying assessments has been passed, the Finance Director
shall enter in the docket of City liens a statement of the respective
amounts assessed upon each particular lot, against which the same
are placed. Such liens shall be first and prior to all other liens
or encumbrances thereon whatsoever insofar as the laws of the State
allow.
B.
Interest shall be charged at a percentage rate per annum fixed by resolution of the City Council on all amounts not so paid within 30 days from the date of such entry, or entry corrected pursuant to Section 3.08.140 of this chapter. The City may proceed to foreclose or enforce any lien for an assessment which is delinquent according to the requirements of Oregon law.
C.
Nothing
in this section shall preclude the City from recording the lien on
the property in the county in which the property is located.
(Ord. 1580 § 11, 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)
