As used in this chapter:
"Owner of any property"
means the record owner of any such property as shown by the
records of the office of the County Clerk of Curry County, Oregon.
(Ord. 228 § 1, 1966; Ord. 296 § 1, 1979; Ord. 96-01 § 1, 1996)
No assessments shall be made against the property benefitted by public improvements unless notice is given as provided in Section
12.08.020; however, nothing herein shall be construed to prevent the City from conducting any reassessment proceeding for any such public improvement made necessary by any defect in the giving of proper notice or other proceedings required by this chapter. Whenever an assessment, deficit assessment or reassessment for any special assessment which has been or may hereafter be made by the City has been or shall be hereafter set aside, annulled, declared or rendered void or its enforcement rejected by any court of this State or any Federal court having jurisdiction therein, 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 223.485, as now or hereafter amended, which is by this reference adopted. All reassessments hereunder shall be governed by the provisions of such law.
(Ord. 228 § 3, 1966)
If sufficient written remonstrances are not filed to defeat
the proposed improvement or any portion thereof, the Common Council
at its earliest convenience thereafter may commence to make whichever
of the proposed improvements or portions thereof not defeated by written
remonstrance, it shall have adopted in the manner provided in this
chapter.
(Ord. 228 § 5, 1966)
When, in the opinion of the Council, on account of topographical
or physical layout, unusual or excessive public travel or other character
of work involved, or when the Council otherwise believes the situation
warrants it, it may contribute what is deemed a fair proportion of
the cost of such improvement from the general funds of the City, and
the amount to be assessed to the property benefitted shall be proportionately
reduced. Nothing herein contained shall preclude the Council from
using other available means of financing improvements, including 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 to cover
any part of the costs of the improvement not covered by such means.
(Ord. 228 § 7, 1966)
When the probable cost of the improvement has been ascertained and determined, and the proportionate share thereof of each lot or part thereof or tract of land has been assessed as herein provided, the Council shall specify the time for a meeting of said Council sitting as a Board of Equalization to equalize and adjust such assessments. Ten days' notice of the meeting shall be given by posting notice thereof in two public places in the City or by two weekly publications in a newspaper of general circulation published in the City of Port Orford; and it shall also be the duty of the City Recorder at least 10 days prior to such hearing, to deposit in the United States mail a copy of said notice postpaid to each of those designated as the owner of any lot or part thereof, or tract of land assessed for the improvement as shown by the certificate of the abstractor, abstract company or person or person engaged in the searching or examination of titles as hereinafter provided by Section
12.08.110. The notice shall also contain a notice of the estimated cost of said improvement and of the apportionment thereof. The notice shall set forth the amount of the proposed assessment upon each lot and part thereof and tract of land, but all such information may be incorporated into the notice by reference to the resolution of the estimated cost and apportionment, which shall be filed in the office of the City Recorder and there open for the inspection of all persons interested therein. The notice shall also state that at said meeting as a board of equalization, all persons interested in said assessment are notified and invited to appear and show cause, if any exists, wherein the same is unjust or inequitable to the end that the same may be properly equalized and adjusted. If the address of any person to receive a copy of said notice as provided in this section shall be unknown to the Recorder, and if such person have an agent whose name or address is known to the Recorder, he or she shall mail such notice to such agent, otherwise he or she shall mail it to the owner addressed to Port Orford, Oregon.
(Ord. 228 § 8, 1966)
At the time appointed in the notice, the Common Council shall hear and determine all objections which shall be made or filed, and enter for record its findings and decisions on said objections. The Council shall have the power to adjourn such hearing from time to time and shall have the power at its discretion to revise and correct, increase or decrease, or to set aside and order there remaking of such assessment or any part thereof. Thereafter the Council may declare and levy the assessment by ordinance as revised, corrected, increased, decreased or remade, and may direct the Recorder to enter a statement thereof in the docket of City liens as provided for in Section
12.08.100, and the assessment so declared shall be a final determination of the regularity, validity and correctness of the assessment.
(Ord. 228 § 9, 1966)
The docket of City liens is a public writing and the original
and certified copies of any matter authorized to be entered therein
are entitled to the force and effect of a public writing, and from
the date of entry therein, of any assessment upon any lot or part
thereof, or any tract, the sum so entered shall be deemed to be a
tax levied and a lien thereon, which lien shall have priority over
all other liens or encumbrances thereon whatever.
(Ord. 228 § 10, 1966)
For the purpose of ascertaining who is the owner of any lot
or part thereof, or tract of land assessed for the improvement or
repair of any street, alley or avenue as herein contemplated, the
Recorder shall take the certificate of any abstractor, abstract company
or person or persons engaged in the searching or examination of titles
who may be designated by resolution of the Common Council therefor,
which such certificate shall state who is the owner of each such lot
or part thereof, or parcel of land subject to the assessment on the
date the Council declared its intention to make the improvement, and
as shown by the records in the office of the County Clerk of Curry
County, Oregon.
(Ord. 228 § 11, 1966)
A. The
sum of money assessed for any improvement as herein provided shall
not be collected until by order of the Common Council not less than
10 days' notice is given by the Recorder by publication in a newspaper
published in Port Orford, Oregon, or by being posted for not less
than 10 days in two public places in the City. Publication of said
notice in one issue of such newspaper shall meet the requirements
hereof. Such notice must contain substantially the matter required
to be entered in the docket of City liens concerning such assessment.
B. If
within five days from the expiration of the 10 days' notice as hereinabove
required to be given of the assessment, the sum assessed upon any
lot or part thereof or any tract of land, is not wholly paid to the
City Treasurer and the duplicate receipt therefor filed with the Recorder,
the Council may thereafter at any time order a warrant for the collection
of the same to be issued by the Recorder and directed to the Chief
of Police or other person authorized to collect delinquent taxes.
C. The
warrant must require the person to whom it is issued forthwith to
levy upon the lot or part thereof, or tract of land upon which the
assessment is unpaid, and sell the same in the manner provided by
law, and to return the proceeds of the sale to the City Treasurer,
and the warrant to the Recorder, with his or her doings endorsed thereon,
together with the receipt of the Treasurer for the proceeds of the
sale as paid to him or her.
D. The
warrants shall have the force and effect of an execution against real
property under the laws of the State of Oregon, and shall be executed
in like manner so far as practicable, except as in this chapter otherwise
provided.
(Ord. 228 §§ 12—15,
1966)