The following definitions apply unless inconsistent with the context:
"Local improvement district (LID)",
the area determined by the council to be specially benefited by a local improvement, within which properties are assessed to pay for the cost of the local improvement.
"Non-remonstrance agreement",
a written agreement with the city, executed by an owner or the owner's predecessor in title, waiving the right of an owner to file a remonstrance.
"Remonstrance",
a written objection to the formation of an LID filed by an owner of property within a proposed LID.
A. 
Whenever the council deems it expedient or necessary to create or develop any local improvement for which it is anticipated that special assessments may be levied, it will by resolution declare its intention to initiate such improvement and direct that an engineering study of the project occur resulting in a written project report, a copy of which will be made available for public inspection at the recorder's office.
B. 
Whenever the city has expended funds for the construction of any local improvement and the council subsequently deems it expedient to initiate an LID in order to levy special assessments against the property benefited by such local improvement, it will by resolution declare its intention to initiate such improvement district and direct that the final plans of this public improvement, as constructed, together with a written project report, will be made available for public inspection at the recorder's office.
C. 
The owners of at least 60 percent of the total area subject to the LID may petition the council to form a local improvement district. The council will then direct preparation of the study specified in HMC 3.16.020(A). The council will adopt a resolution to initiate that public improvement.
The written project report will be completed within 120 days from the effective date of the resolution initiating an LID. It will contain at least the following information:
A. 
A description of the project and its boundaries (preliminary project plans and specifications must be prepared but need not be filed with the report);
B. 
An estimate of the probable costs associated with the proposed project (or a statement of the actual cost if the project has been completed) including all legal, administrative, construction, engineering, interest and other financing costs attributable to the proposed LID;
C. 
A map of the proposed LID;
D. 
A proposed methodology allocating the categories of costs identified in HMC 3.16.030(B) among and between the specially benefited properties;
E. 
A description of each lot specially benefited by the project with the name and address of the owners, as shown by the last assessment roll in the County Assessment and Taxation records; and
F. 
The assessed valuation of the lot and estimated amount of assessment of each lot specially benefited, together with any unpaid assessments against each lot.
No more than 10 business days after the filing of the report required by HMC 3.16.020, the recorder will:
A. 
Publish notice twice, at least one week apart, in a newspaper of general circulation in the city stating:
1. 
That a written project report for a proposed LID is available for public inspection at the recorder's office;
2. 
The date the report was filed;
3. 
The estimated probable cost of the proposed local improvement or the actual cost of the improvement if it has been completed;
4. 
A description of the proposed LID and that a map is available for public inspection at the recorder's office;
5. 
The time and place of the hearing required by HMC 3.16.060;
6. 
That written and oral testimony submitted by any person will be allowed at the hearing; and
7. 
That property owners wishing to remonstrate against the formation of the proposed LID must present their remonstrance in writing at the time and in the manner set forth in HMC 3.16.050(A).
B. 
Mail to each property owner designated in the written engineering report, not less than 10 days prior to the hearing required by HMC 3.16.060, a notice stating:
1. 
The information set forth in HMC 3.16.040(A);
2. 
The proposed method of assessment;
3. 
The estimated amount of the assessment for each lot owned by the owner and whether the assessments are being levied prior to construction, based upon estimates of project cost, or after construction based upon known costs; and
4. 
The specific procedure for filing a remonstrance under HMC 3.16.050.
C. 
Post a copy of the preliminary map of the proposed LID.
A. 
Any remonstrance filed by a property owner within the proposed LID must be filed with the recorder no later than 3 p.m. on the last business day preceding the hearing. The remonstrance of an owner who has either signed or is subject to a non-remonstrance agreement will not be considered. Any proposal to levy and collect an assessment under this subchapter must be suspended upon the city's timely receipt of a remonstrance by the owners of at least 60 percent of the total area subject to the LID.
B. 
Oral and written testimony will be allowed at the hearing. Testimony will not be considered for the purposes of suspending the proposed LID unless the person making the testimony also files a written remonstrance. Any person, including a property owner within the proposed LID, may appear and be heard regarding the proposed LID.
C. 
Any proposed LID suspended under HMC 3.16.050(A) must comply with all terms of this subchapter to be reconsidered as a new proposal.
A. 
After the receipt of the engineering report, but not less than 15 days after the date of the second publication of notice under HMC 3.16.040(A), the council will hold a hearing to consider remonstrations and other objections to the proposed LID and, if it deems appropriate, adopt a resolution authorizing the formation of the LID and initiation of the project consistent with this subchapter.
B. 
The council may adopt, amend and adopt, or reject the project report. The council may also require a supplementary or further report from the manager before proceeding with its decision on the formation of the LID. If the council chooses to adopt or amend and adopt the report, it may do so by adopting a resolution that does the following:
1. 
Creates the LID and establishes its boundaries;
2. 
Determines, generally, the time for commencing and the manner of construction;
3. 
Establishes an account for the receipt and disbursal of moneys relating to the project; and
4. 
Establishes the method for allocating the costs associated with the project.
The council may:
A. 
Use any just and reasonable method of determining the extent of any LID consistent with the special benefits derived;
B. 
Authorize payment by the city of all, or any part, of the costs of such improvement provided the method selected reasonably correlates to the special benefits derived by the properties so benefited and the benefits derived by the city as a whole;
C. 
Use any method of apportioning the sum to be assessed among the properties determined to be specially benefited that is just and reasonable; or
D. 
At any time prior to the effective date of the ordinance levying the assessments for any LID, modify the method set out in the resolution creating the district if the council finds that a different method more justly and reasonably apportions the cost of the project to the properties specially benefited.
A. 
As soon as the total cost of the project is determined, the manager must prepare an assessment report on the project including a recommendation on the fair apportionment of the total costs including legal, administrative, construction, financing and engineering attributable to the project, and a recommendation concerning the Bancroft installment financing rate applicable to the project.
B. 
A map of the LID, showing the proposed assessments as to each lot, must be available for public inspection at the recorder's office. A notice must be published in a newspaper of general circulation twice, at least a week apart, that states a map is available for public inspection at the recorder's office and proposed assessments and information relating to the assessments are also available for inspection. The notice will further state that owners who wish to object to the proposed assessments must present their objections in writing, setting out the reasons, and deliver the document to the recorder not less than five business days prior to the council meeting held to consider them. The council meeting must be held not less than 15 days after the first publication of the notice.
C. 
The recorder must mail to each owner designated in the manager's report a notice with the information set out in HMC 3.16.080(B), as well as the proposed Bancroft installment financing rate. The notices must be mailed not less than 10 days prior to the date set for the council to hear objections to the proposed assessments.
A. 
The council will review the objections timely received by the recorder and take both written and oral testimony from persons wishing to testify on the proposed assessments. After hearing the objections to the proposed assessments, the council will determine whether it is a fair, just and proper assessment of costs for the benefits to the property in the project area. The council then has 60 days from that review to adopt a resolution specifying in detail the assessments and setting the Bancroft installment financing rate applicable to the LID.
B. 
If the council deems it appropriate to increase the amount of any proposed assessment, it must fix a time for another hearing on that increase. The recorder must send notice by mail to each owner shown on the manager's report. The notice will state the purpose of the second hearing and give its time and date. After the second hearing, the council may adopt a resolution assessing an increase.
C. 
Within five business days after adoption of the resolution levying the final assessments, the recorder must publish, in a newspaper of general circulation in the city, notice of the resolution's adoption and notice that applications for bonding the assessments will be received for up to 30 days after the effective date of the resolution.
A. 
The council may allocate a portion of the cost of such improvement from the funds of the city. The council may base this on topographic concerns, the physical layout of the improvement, unusual or excessive public use of the improvement, or other characteristics. The amount assessed against all property specially benefited will be proportionately reduced.
B. 
The council may use other means to finance, in whole or in part, the improvements, including federal or state grants-in-aid, sewer or other types of service charges, revenue or general obligation bonds.
Owners of any property against which an assessment or reassessment for local improvements has been imposed may seek a review of any council decision under the provisions of ORS 34.010 to 34.102.
After adopting the resolution levying the final assessment, the council will direct the recorder to enter in the city lien docket and county property records all amounts assessed upon each lot along with the names of the owners. Upon entry in the city lien docket and county property records, the amounts entered will be immediately due and payable and will be an assessment lien and charge upon the respective lots against which they are placed. Such liens are first and prior to all other liens and encumbrances consistent with state law. The Bancroft installment financing interest rate applicable to the assessments will be charged on amounts not paid within 30 days from the date of such entry provided the owner of the property so affected has signed an application consistent with the terms of ORS 223.210 to ORS 223.215 within 10 days after notice of final assessment is first published. After 12 months from the date of entry in the lien docket, the city may proceed to foreclose as delinquent any lien that is unpaid or for which arrangements for payment have not been made. The delinquent assessment payment interest rate will be charged to such sums due. Foreclosure may be in any manner authorized by state law for the foreclosure of assessment liens.
The council retains the power and authority to abandon and rescind proceedings for projects under this subchapter at any time prior to its final decision in such proceedings.
A. 
No assessment made under this subchapter is invalid by reason of:
1. 
A failure to give the name of the owner of any lot, tract, or parcel of land, the name of any person having a lien upon or interest therein, or the entry of a name other than the name of such owner or other person having a lien upon or interest therein, in any report, the proposed assessment, the ordinance making the assessment, the lien docket or elsewhere in the proceedings;
2. 
A mistake in the name of any such person, the entry of a name other than the name of such owner or other person having a lien upon or interest in such property; or
3. 
By reason of any error, mistake, delay, omission, irregularity or other act, jurisdictional or otherwise, in any of the proceedings or steps specified, unless reasonable notice has not been given of the hearing upon the proposed assessment or that a specific assessment that affects the person complaining is unfair and unjust.
B. 
The council has power and authority to remedy and correct all such matters by suitable action and proceedings.
A. 
Whenever all or part of an assessment or reassessment for any local improvement is declared void, set aside for any reason, not enforced by a court or the council determines the assessments should be adjusted, the council may make a new assessment.
B. 
The reassessment procedures for making the new assessment will follow the same procedures used for the initial assessment under HMC 3.16.070 though 3.16.140. The new assessment is not limited to the amounts included in the original assessments or to the property included within the original assessment if the council finds that additional property is specially benefited and subject to assessment.
C. 
Credit must be allowed on the new assessment for any payments made on the original assessment as of the date of payment. Interest on the original assessments must be included in the new assessment to the extent the new assessment includes amounts also included in the original assessment. The council will include interest as part of the overall assessable project cost. The amount will be based on the construction financing interest rate in effect and applicable to the district at the time of the original proceedings on moneys paid on the construction or financing of the project.
A. 
The city will allow for the deferral of assessments for local improvements imposed under this subchapter consistent with the terms and conditions set out in ORS 311.702 to ORS 311.735.
B. 
The city may apply to participate in the state's Assessment Deferral Loan Program, established under ORS 454.430 to ORS 454.445, to allow eligible parties to obtain deferral of assessments related to the construction of treatment works.