(A) 
When the council considers it necessary to make any street, sewer, water, sidewalk, parking, curbing, drain or any other public improvement defined in ORS 223.387 to be paid for in whole or in part by special assessment according to benefits conferred, then the council shall by resolution declare its intention to make the improvement and direct the city engineer to make a survey and written report for the improvement and file it with the recorder.
(B) 
When the owners of two-thirds of the property to be benefited by any of the improvements defined in subsection (A) of this section request by written petition that the council initiate an improvement, then the council shall by resolution declare its intention to make the improvement and direct the city engineer to make a survey and written report for the improvement and file it with the recorder.
(Code 2000 § 3.005)
Unless the council directs otherwise, the engineer's report referred to in CMC § 12.05.010 shall contain the following:
(A) 
A map or plat showing the general nature, location and extent of the proposed improvement and the land to be assessed for the payment of any part of the cost.
(B) 
Plans, specifications and estimates of the work to be done. However, when the proposed project is to be carried out in cooperation with any other governmental agency, the engineer may adopt the plans, specifications and estimates of that agency.
(C) 
An estimate of the probable cost of the improvement, including legal, administrative and engineering costs.
(D) 
An estimate of the unit cost of the improvement to the specially benefited properties, per square foot, per front foot, or whatever unit of cost is to be used.
(E) 
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 cost of the improvement to the properties specially benefited.
(F) 
The description of each lot, parcel of land, or portion of land to be specially benefited, with the names of the record owners and, when readily available, the names of the contract purchasers, as shown on the books and records of the Washington County department of revenue and taxation. For purposes of describing each lot or parcel of land under the provisions of this section, it shall be sufficient to use the tax account number assigned to the property and issued by the department of revenue and taxation or the book and page designations as shown on the books and records of the Washington County clerk.
(G) 
A recommendation regarding the rate of interest, not to exceed 10 percent per annum, to be paid on assessments bonded under the Bancroft Bonding Act and ORS Chapter 223.
(Code 2000 § 3.010)
After the engineer's report is filed with the recorder, the council may by resolution approve the report, modify the report and approve it as modified, require the engineer to supply additional or different information for the improvement, or it may abandon the improvement.
(Code 2000 § 3.015)
After the council has approved the engineer's report as submitted or modified, the council shall by resolution declare its intention to make the improvement and direct the recorder to give notice of the council's intention to make the improvement by two publications, one week apart, in a newspaper of general circulation within the city. The notice shall contain the following:
(A) 
That the report of the engineer is on file in the office of the recorder and is subject to public examination.
(B) 
That the council will hold a public hearing on the proposed improvement on a specified date, which shall not be less than 10 days following the first publication of notice, at which objections and remonstrances to such improvement will be heard by the council; and that, if prior to or at the hearing there are written remonstrances of the owners of two-thirds of the frontage of the property to be specially affected by the improvement, then the improvement will be abandoned for not less than six months.
(C) 
A description of the property to be specially benefited by the improvement, the owners of the property as shown on the books and records of the Washington County department of revenue and taxation, and the engineer's estimate of the total cost of the improvement to be paid for by special assessment to benefited properties. For purposes of this subsection, it shall be sufficient to describe the property to be specially benefited by tax account number assigned to the property and used by the department of revenue and taxation or the book and page designation as shown on the books and records of the Washington County clerk.
(Code 2000 § 3.020)
The council may provide in the improvement resolution that the construction work may be done in whole or in part by the city, by a contract, by any other governmental agency, or by any combination thereof.
(Code 2000 § 3.025)
If the written remonstrances represent less than the amount of property required to defeat the proposed improvement, then, on the basis of hearing written remonstrances and oral objections, if any, the council may by motion at the time of the hearing or within 60 days thereafter order the improvement to be carried out in accordance with the resolution or, if the project was initiated by the council's motion and not the petition of property owners, abandon the improvement.
(Code 2000 § 3.030)
The council may direct the recorder to advertise for bids for construction of all or any part of the improvement project. If any part of the work of the improvement is to be done under contract bids, then the council shall proceed in accordance with the procedures of state law for public contracting.
(Code 2000 § 3.035)
(A) 
The council, in adopting a method of assessment of the costs of the improvement, 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 that is just and reasonable among the properties determined to be specially benefited.
(3) 
Authorize payment by the city of all or any part of the cost of any improvement, when in the opinion of the council the topographical or physical conditions, unusual or excessive public travel, or other character of the work involved warrants only a partial payment of or no payment by the benefited property of the costs of the improvement.
(B) 
Nothing contained in this section shall preclude the council from using any other available means of financing improvements, including federal and state grants-in-aid, sewer charges or fees, revenue bonds, general obligation bonds, or any other legal means of finance. In the event that such other means of financing improvements are used, the council may levy special assessments according to the benefits derived to cover any remaining part of the costs of the improvement.
(Code 2000 § 3.040)
(A) 
If the council determines that the public improvement shall be made, when the estimated cost is ascertained on the basis of the contract award or city departmental cost, or after the work is done and the cost has been actually determined, the council shall determine whether the property benefited shall bear all or a portion of the cost. The recorder or other person designated by the council shall prepare the proposed assessment to the respective lots within the assessment district and file it in the recorder's office.
(B) 
Notice of the proposed assessment shall be mailed to the owner of each lot proposed to be assessed at the owner's address as shown on the Washington County tax assessor's rolls. The notice shall state the amount of assessment proposed on the owner's property and shall fix a date by which time objections shall be filed with the recorder. Any such objection shall state the grounds for objection.
(C) 
Within 60 days of the date fixed for the filing of objections, the council shall:
(1) 
Consider the objections and may adopt, correct, modify or revise the proposed assessments;
(2) 
Determine the amount of assessment to be charged against each lot within the district according to the special and peculiar benefits accruing to it from the improvement; and
(3) 
By ordinance spread the assessment.
(Code 2000 § 3.045)
(A) 
Within 10 days after the ordinance levying assessments has been passed, the recorder shall send by registered or certified mail a notice of assessment to the owner of the assessed property and shall publish notice of the assessment twice in a newspaper of general circulation in the city, the first publication of which shall be not later than 20 days after the date of the assessment ordinance.
(B) 
The notice of assessment shall recite the date of the assessment ordinance and shall state that upon the failure of the owner of the property assessed to make application to pay the assessment in installments within 10 days from the date of the first publication of notice, or upon the failure of the owner to pay the assessment in full within 30 days from the date of the assessment ordinance, then interest will begin to run on the assessment and that the property assessed will be subject to foreclosure. The notice shall also contain a description of the property assessed, the name of the owner of the property and the amount of each assessment.
(Code 2000 § 3.050)
After passage of the assessment ordinance by the council, the recorder shall enter in the docket of city liens a statement of the amount assessed upon each particular lot, parcel of land or portion of land, together with a description of the improvement, the name of the owners, and the date of the assessment ordinance. Upon entry in the lien docket, the amount so entered shall become a lien and charge upon the respective lots, parcels of land or portions of land which have been assessed for improvement. All assessment liens of the city shall be superior and prior to all other liens or encumbrances on property insofar as state law permits. Interest shall be charged at a rate not to exceed 10 percent per annum until paid on all amounts not paid within 30 days from the date of the assessment ordinance. After expiration of 30 days from the date of the assessment ordinance, the city may proceed to foreclose or enforce collection of the assessment liens in the manner provided by state law. However, the city may enter a bid for the property being offered at a foreclosure sale, which bid shall be prior to all bids except those made by persons who would be entitled under state law to redeem the property.
(Code 2000 § 3.055)
Claimed errors in the calculation of assessments shall be called to the attention of the recorder, who shall determine whether there has been an error in fact. If the recorder finds that there has been an error in fact, he shall recommend to the council an amendment to the assessment ordinance to correct the error. Upon enactment of the amendment, the recorder shall make the necessary correction in the docket of city liens and send a correct notice of assessment by registered or certified mail.
(Code 2000 § 3.060)
If an assessment is made before the total cost of the improvement is ascertained, and if it is found that the amount of the assessment is insufficient to defray the expenses of the improvement, the council may by motion declare the insufficiency and prepare a proposed supplemental assessment. The council shall set a time for hearing of objections to the supplemental assessment and shall direct the city manager to publish one notice in a newspaper of general circulation in the city. After the hearing, the council shall make a just and equitable supplemental assessment by ordinance, which shall be entered in the docket of city liens as provided by CMC § 12.05.110. Notice of the supplemental assessment shall be published and mailed, and the collection of the assessment shall be made in accordance with CMC § 12.05.110 and § 12.05.120.
(Code 2000 § 3.065)
If, upon the completion of the improvement project, it is found that the assessment previously levied upon any property is more than sufficient to pay the costs of the improvement, then the council must ascertain and declare the excess by ordinance. When declared, the excess amounts must be entered on the lien docket as a credit upon the appropriate assessment. If an assessment has been paid, the person who paid it or his legal representative shall be entitled to the repayment of the rebate credit, or the portion which exceeds the amount unpaid on the original assessment.
(Code 2000 § 3.070)
(A) 
Subject to the curative provisions of CMC § 12.05.170 and the rights of the city to reassess as provided in CMC § 12.05.180, proceedings for writs of review and suits in equity may be filed not earlier than 30 days nor later than 60 days after the filing of written objections, as provided by CMC § 12.05.090.
(B) 
A property owner who has filed written objection with the recorder prior to the public hearing may have the right to apply for a writ of review based upon the council's exercising its functions erroneously or arbitrarily or exceeding its jurisdiction to the injury of some substantial right of the owner if the facts supporting the claim have been specifically set forth in the written objection.
(C) 
A property owner who has filed written objection with the recorder prior to the public hearing may begin a suit for equitable relief based upon a total lack of jurisdiction on the part of the city. If notice of the improvement was not sent to the owner and if the owner did not have actual knowledge of the proposed improvement prior to the hearing, then the owner may file written objection alleging lack of jurisdiction with the recorder within 30 days after receiving notice or knowledge of the improvement.
(D) 
A provision of this section shall not be construed to lengthen any period of redemption or to affect the running of any statute of limitation. A proceeding on a writ of review or suit in equity shall be abated if proceedings are commenced and diligently pursued by the council to remedy or cure the alleged errors or defects.
(Code 2000 § 3.075)
The council may abandon proceedings for improvements made under this chapter at any time prior to the final completion of the improvements. If liens have been assessed upon any property under this procedure, they shall be canceled and any payments made on the assessments shall be refunded to the person paying them, his assigns or legal representatives.
(Code 2000 § 3.080)
(A) 
An improvement assessment shall not be rendered invalid by reason of:
(1) 
A failure of the engineer's report to contain all of the information required by CMC § 12.05.020.
(2) 
A failure to have all of the information required to be in the improvement resolution, the assessment ordinance, the lien docket, or notices required to be published and mailed.
(3) 
A failure to list the name of or mail notice to the owner of any property as required by CMC § 12.05.090 and § 12.05.100.
(4) 
Any other error, mistake, delay, omission, irregularity or other act, jurisdictional or otherwise, in any of the proceedings or steps specified, unless it appears that the assessment is unfair or unjust in its effect upon the person complaining.
(B) 
The council shall have the authority to remedy and correct all such matters by suitable action and proceedings.
(Code 2000 § 3.085)
When an assessment, supplemental assessment, or reassessment for any improvement which has been made by the city has been set aside, annulled, declared or rendered void, or its enforcement restrained by any court of this state, or any federal court having jurisdiction, or when the council is in doubt as to the validity of the assessment, supplemental assessment, or reassessment, or any part of it, the council may make a reassessment in the manner provided by state law.
(Code 2000 § 3.090)