[HISTORY: Adopted by the Township Board of the Township of Grosse Ile as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-23-1995 by Ord. No. 223]
As used in this article, the following terms shall have the meanings indicated:
- LIMITED INCOME
- When the total gross household income on the State of Michigan
tax return is below the amount as established by the Township Board.[Amended 7-22-2002]
An owner of real property who believes he or she is unable to contribute to the cost of an assessment for an improvement authorized in MCL § 41.722(1)(a), (b), (c), (g), or (h) may apply to the assessing officer to have a special assessment on the owner's real property deferred or to permit the real property owner to make a partial payment.
Any real property owner who claims a limited income shall provide the assessing officer with all records and documents requested by the Assessor including, but not limited to, federal and state tax returns, bank records, all financial records with brokers, and a listing of all assets including stocks, bonds, or annuities. Any assets that may be jointly owned with another shall also be included.
Upon receipt of the necessary information the Assessor shall make a finding as to whether or not a limited income situation exists and report such finding to the Township Board. The Township Board shall decide in its discretion whether a limited income situation exists and, if so, whether the Township will defer partial or total payment of the assessment and under what terms and conditions.
As a condition of granting the deferred or partial payment of an assessment, the Township Board shall require that any deferred assessment will constitute a recorded lien against the property that must be paid upon transfer of title.
[Adopted 7-14-1997 by Ord. No. 241]
Upon receipt of petitions of the record owners of land constituting not less than 60% of the total frontage upon the road, the Township may construct and maintain the improvement described in the petitions, and establish a special assessment district pursuant to the provisions of Public Act 188 of 1954, as amended. Only petitions that are issued by the Clerk's office will be considered in order to place such a requested improvement before the Township Board.
Upon receipt of the required petition as set forth above and if the Township Board determines that it desires to proceed with the proposed improvement, the Township Board shall cause to be prepared plans describing the improvement and the location of the improvements with an estimate of the cost of the improvement. The plans and estimate of cost shall be filed with the Township Clerk. The Township Board shall tentatively declare by resolution its intention to make the improvement and tentatively designate the special assessment district against which the cost of the improvement is to be assessed.
Upon receipt of the maps, plans and estimates of cost, a hearing (public hearing No. 1) shall be held at the Township Hall to hear any objections to the petitions, to the proposed improvements, and to the special assessment district. Notice shall be provided to the record owner of, or party in interest in, property to be assessed whose name appears upon the last Township tax assessment records by first class mail addressed to the record owner or party in interest at the address shown on the tax records, at least 10 days before the date of hearing. Notice shall also be published twice before the hearing and the first publication shall be at least 10 days before the date of the hearing.
If the Township Board desires to proceed with the improvement after the hearing provided for, the Township Board shall approve or determine by resolution all of the following:
Completion of the improvement.
Plans and estimates of cost as originally presented or revised, corrected, amended or changed.
The sufficiency of the petition for the improvement. After this determination, the sufficiency of the petition is not subject to attack except in an action brought in a court of competent jurisdiction within 30 days after the adoption of the resolution determining such sufficiency.
The special assessment district including the term of the special assessment district's existence. If the nature of the improvement to be made is such that a periodic redetermination of cost will be necessary without a change in the district boundaries, the Township Board shall so state in the resolution.
Direct that a special assessment roll be prepared in which are entered and described all the parcels of land to be assessed, with the names of the respective record owners of each parcel, if known, and the total amount to be assessed against each parcel of land, which shall be the relative portion of the whole sum to be levied against all parcels of land in the special assessment district as the benefit to the parcel of land bears to the total benefit to all parcels of land in the special assessment district.
The record owners of land constituting not less than 51% of the total frontage upon the road may file counterpetitions after the hearing as described in § 230-8 of this article (public hearing No. 1) if said counterpetitions are filed within 10 days of the aforementioned hearing with the Township Clerk's office. Upon receipt of the required counterpetitions, the Township Board may do any of the following:
Schedule another hearing and send out notice to the record owner of, or party in interest in, property to be assessed whose name appears upon the last Township tax assessment records by first class mail addressed to the record owner or party in interest at the address shown on the tax records, at least 10 days before the date of hearing and also notice shall be published twice before the hearing and the first publication shall be at least 10 days before the date of the hearing; or
The Township Board may cancel the project. If counterpetitions are not filed, or not filed timely, the Township may proceed with the project.
The complete roll shall be filed with the Township Clerk. A hearing shall be set to meet, review and hear any objections to the assessment roll (public hearing No. 2). Notice of the hearing shall be given pursuant to the provisions of § 230-8 of this article.
A person objecting to the roll shall file such objection in writing with the Township Clerk before the close of the hearing or by attendance at the hearing and placing such objection verbally on the record. After the hearing the Township Board, at the same or at a subsequent meeting, may confirm the special assessment roll as reported or as amended or corrected by the Township Board and may refer the roll back for revision. After the confirmation of the roll, all assessments shall be final and conclusive unless an action contesting an assessment is filed in a court or tribunal of competent jurisdiction within 30 days after the date of the confirmation.
The Township Board may provide that special assessments are payable in one or more installments, but the amount of an installment shall not be less than 1/2 of any subsequent installment. The amount of installments for improvements subject to periodic cost revision may be extended upon the special assessment roll by the Township Board without additional public hearings or public notices provided that additional property is not added to the special assessment roll.
The first installment shall be due on or before the time after confirmation as the Township Board shall fix, and subsequent installments shall be due at intervals of 12 months from the due date of the first installment or from the date the Township Board shall fix.
All unpaid installments prior to their transfer to the Township tax roll shall bear interest, payable annually on each installment due date, at a rate not exceeding 1% above the average rate of interest borne by special assessment bonds issued by the Township in anticipation of the unpaid installments.
If any installment is not paid when due, then the installment shall be considered to be delinquent, and there shall be collected, in addition to the interest as provided by this section, a penalty of not more than 1% for each month that the installment remains unpaid.
All special assessments shall constitute a lien upon the respective parcels of land assessed from the date of confirmation.
The Township Treasurer shall collect the assessments. The assessment bonds shall not be issued before the final confirmation of the assessment roll by the Township Board.
Should the assessments in any special assessment roll prove insufficient for any reason, including the noncollection thereof, to pay for the improvement for which they were made or to pay the principal and interest on the bonds issued in anticipation of the collection thereof, then the Township Board shall make additional pro rata assessments to supply the deficiency, but the total amount assessed against any parcel of land shall not exceed the value of the benefits received from the improvement. Should the total amount collected on assessments prove larger than necessary by 5% more than the original roll, then the surplus shall be prorated among the properties assessed in accordance with the amount assessed against each and applied toward the payment of the next Township tax levied against such properties, respectively, or if there be no such tax then it shall be refunded to the persons who are the respective record owners of the properties on the date of the passage of the resolution ordering such refund. Any such surplus less than 5% may be paid into the Township general funds disposed of as above provided.
Any proceedings that are not covered by this particular article, the Township will refer and incorporate the provisions under Public Act 188 of 1954 as set forth in MCL § 41.721 et seq.