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.
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.
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.