[HISTORY: Adopted by the Village Board of
the Village of Belgium as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Finance and taxation — See Ch. 35.
[Adopted 11-21-1991 by Ord. No.
16-91 as Title 3, Ch. 2, of the 1991 Code]
A.
The Village by resolution of its Village Board may
levy and collect special assessments upon property in a limited and
determinable area for special benefits conferred upon such property
by any municipal work or improvement and may provide for the payment
of all or any part of the cost of the work or improvement out of the
proceeds of the special assessments.
[Amended 1-12-2004 by Ord. No. 3-04]
B.
The amount assessed against any property for any work
or improvement which does not represent an exercise of the police
power shall not exceed the value of the benefits accruing to the property
therefrom, and for those representing an exercise of the police power
the assessment shall be upon a reasonable basis as determined by the
Village Board.
A.
Prior to making any such special assessments, the Village Board shall declare by preliminary resolution its intention to exercise such powers for a stated municipal purpose. Such resolution shall describe generally the contemplated purpose, the limits of the proposed assessment district, the number of installments in which the special assessments may be paid or that the number of installments will be determined at the hearing required under § 9-5 of this article and direct the proper municipal officer or employee to make a report thereon. Such resolution may limit the proportion of the cost to be assessed.
B.
C.
A copy of the report when completed shall be filed
with the Village Clerk for public inspection.
[Amended 3-8-2010 by Ord. No. 2-10]
D.
When the Village Board determines by resolution that the hearing on the assessments be held subsequent to the completion of the work or improvement or the rending of the service, the report required by § 66.0703(5), Wis. Stats., and Subsection A and B above shall contain a statement of the final cost of the work, service or improvement in lieu of an estimate of the cost.
The cost of any work or improvement to be paid
in whole or in part by special assessment on property may include
the direct and indirect cost thereof, the damages occasioned thereby,
the interest on bonds or notes issued in anticipation of the collection
of the assessments, a reasonable charge for the services of the administrative
staff of the Village and the cost of any architectural, engineering
and legal services, and any other item of direct or indirect cost
which may reasonably be attributed to the proposed work or improvement.
The amount to be assessed against all property for any such proposed
work or improvement shall be apportioned among the individual parcels
in the manner designated by the Village Board.
A.
If any property deemed benefited shall by reason of
any provision of law be exempt from assessment therefor, such assessment
shall be computed and shall be paid by the Village.
B.
A parcel of land against which has been levied a special
assessment for the sanitary sewer or water main laid in one of the
streets upon which it abuts shall be entitled to such deduction or
exemption as the Village Board determines to be reasonable and just
under the circumstances of each case when a special assessment is
levied for the sanitary sewer or water main laid in the other street
upon which such corner lot abuts. Under any circumstance the assessment
will not be less than the long way of such lot. The Village Board
may allow a similar deduction or exemption from special assessments
levied for any other public improvement.
[Amended 1-12-2004 by Ord. No. 3-04; 3-8-2010 by Ord. No. 2-10]
On the completion and filing of the report required in § 9-2C of this article, the Village Clerk shall give notice stating the nature of the proposed or approved work or improvement, the general boundary lines of the proposed assessment district, the place and time at which the report may be inspected and the place and time at which all interested persons, their agents or attorneys may appear before the Village Board or committee thereof and be heard concerning the matters contained in the preliminary resolution and report. Such notice shall be given either by publication in a newspaper of general circulation in the Village or posted in not fewer than three public places within the Village, and a copy of said notice shall be mailed to each interested person whose post office address is known or can be ascertained with reasonable diligence. The hearing shall commence not less than 10 days and not more than 40 days after the publication or posting of said notice.
A.
After the hearing, the Village Board may approve,
disapprove, modify or re-refer the report to the designated officer
or employee with such directions as it deems necessary to change the
plans and specifications so as to accomplish a fair and equitable
assessment.
B.
If an assessment is made against any property and
an award of compensation or damage is made in favor of the property,
the Village Board shall assess only the difference between such assessment
of benefits and the award of compensation or damage.
C.
Resolution.
(1)
If the work or improvement has not been previously
authorized or approved, the Village Board shall approve the work or
improvement and by resolution direct that the same be done and paid
for in accordance with the report finally approved.
(2)
If the work or improvement has been approved by the
Village Board or work commenced or completed prior to the filing of
the report or prior to the hearing, then the Village Board shall by
resolution confirm the report as made or modified and provide for
payment in whole or in part by assessment.
D.
The Village Clerk shall publish the final resolution as required in § 9-5 of this article.
[Amended 3-8-2010 by Ord. No. 2-10]
E.
After the publication of the final resolution, any
work or improvement provided for and not yet authorized shall be deemed
fully authorized and all awards of compensation or damage and all
assessments made shall be deemed duly and properly made, subject to
the right of appeal by § 66.0703(12), Wis. Stats., or any
other applicable provision of law.
If more than a single improvement is undertaken,
the Village Board may combine the assessments as a single assessment
on each property affected, except that the property owner may object
to any one or more of said improvements.
[Amended 3-8-2010 by Ord. No. 2-10]
If, after completion or after the receipt of bids, the actual cost of any work or improvement is found to vary materially from the original estimate, or the assessment is void or invalid for any reason, or if the Village Board determines to reconsider an assessment, it is empowered, after giving notice as required in § 9-5, to amend, cancel or confirm any prior assessment, and notice of this amending, canceling or confirming shall be given by the Village Clerk as provided in § 9-6 of this article.
If the cost of the work or improvement is less
than the assessment levied, the Village Board, without notice or hearing,
shall reduce each assessment proportionately. If the assessment has
been paid either in part or in full the Village shall refund the property
owner such overpayment.
Pursuant to § 66.0703(12)(f), Wis.
Stats., it shall be a condition to the maintenance of any appeal that
any assessment appealed shall be paid when due and payable, and upon
default in payment any such appeal shall be dismissed.
[Amended 12-9-1996 by Ord. No. 42-96]
Pursuant to § 66.0703(13), Wis. Stats.,
any special assessment levied under this article shall be a lien on
the property against which it is levied on behalf of the Village.
The Village Board shall provide for the collection of such assessments
and may establish penalties for payment after the due date. All assessments
not paid by the date specified shall be extended upon the tax roll
as a delinquent tax against the property, and all proceedings in relation
to the collection of such delinquent taxes shall apply to such assessment,
except as otherwise provided by statute.
A.
In addition to all other methods provided by law,
special charges for current services may be imposed by the Village
Board by allocating all or part of the cost to the property served.
Such services may include snow and ice removal, weed elimination,
street sprinkling, oiling and tarring, repair of sidewalks or curb
and gutter, garbage and refuse disposal, recycling, stormwater management,
including construction of stormwater management facilities, tree care,
and soil conservation work under § 92.115, Wis. Stats. The
Village Board may determine the manner of providing notice of a special
charge, except that before a special charge for street tarring or
the repair of sidewalks, curbs or gutters may be imposed, notice and
a public hearing shall be provided as set forth in § 66.0627(3)(b),
Wis. Stats.
[Amended 1-12-2004 by Ord. No. 3-04]
A.
If any assessment or charge levied under this article
is invalid because such statutes are found to be unconstitutional,
the Village Board may thereafter reassess such assessment or charge
pursuant to the provisions of any applicable law.
B.
The Village Board may, without notice or hearing,
levy and assess all or any part of the cost of any work or improvement
upon the property benefited if notice and hearing are waived in writing
by property owners affected.
C.
Notwithstanding any other provision of law, or this
article or other ordinance or resolution, it is specifically intended
and provided by this article that the Village may levy special assessments
for work or improvement against the property benefited either before
or after the approval of the work plans and specifications, contracting
for the work or completing the work or improvement.
[Added 6-11-2001 by Ord. No. 11-01; amended 6-14-2004 by Ord. No. 23-04; 10-10-2005 by Ord. No. 29-05]
A.
Connection fee. When the owner of undeveloped property
or property annexed to the Village requests that the Village connect
said property to an existing public sanitary sewer, water main or
stormwater facility, and where no special assessments for the public
sanitary sewer, water main or stormwater facility and related improvements
have been previously levied against said property for the benefits
conferred upon the property by such improvements, the Village shall
cause a connection fee to be charged to said benefited property as
provided herein.
B.
Village constructed improvements. Where the Village
has financed and constructed the public sanitary sewer, water main
or stormwater facility and related improvements, the Village shall
charge a connection fee equal to the construction and related costs
attributed to the benefiting undeveloped or annexed property at the
time the Village levied special assessments for such improvements
against benefited properties then in the Village, plus interest from
the date of completion of construction at the same rate as set forth
in the final resolution levying special assessments for the project.
If no construction and related costs were attributed to said property,
then the connection fee shall be based on the current costs for similar
construction as determined by the Village Engineer. The connection
fee shall be paid in a lump sum prior to connection to the public
mains or facilities. However, the Village may by resolution approve
an installment payment plan for the connection fee similar to an installment
payment plan permitted by the Village for special assessments.
C.
Private developer constructed improvements. Where
a private project developer has financed, constructed and dedicated
the public sanitary sewer, water main or stormwater facility and related
improvements, the Village shall charge a connection fee equal to the
construction and related costs attributed to the benefiting undeveloped
or annexed property at the time of construction, plus simple interest
from the date of completion of construction at the rate of 3% per
annum, plus an administrative fee equal to 10% of such construction
and related costs. The connection fee shall be determined by the Village
Engineer. The connection fee shall be paid in a lump sum prior to
connection to the public mains or facilities. The Village may refund
the connection fee to the private project developer in accordance
with the following:
(1)
A private project developer shall refer to the person
or business organization which financed the total project cost and
contracted for construction of the improvements.
(2)
A connection fee may be refunded to a qualifying private
project developer on the condition that a provision for such refund
is contained in a written agreement entered into between the Village
and private project developer prior to construction of the improvements,
and on the condition that the connection fee is collected by the Village
within 15 years from the date of completion of construction of the
improvement. After 15 years have elapsed, any claim for a connection
fee refund shall be invalid.
(3)
To qualify for a connection fee refund, a private
project developer must submit to the Village Clerk immediately after
completion of construction a sworn affidavit stating the private project
developer paid for the improvements serving properties other than
the private project developer's own property for which the private
project developer has not and will not receive other reimbursement,
and written documentation as to the actual costs of construction of
the improvements.
(4)
No person other than the original private project
developer shall be eligible to claim or receive a connection fee refund.
The Village, in its sole discretion, shall determine whether a refund
shall be made after examining such evidence as the Village may require.
The Village may request additional information from the private project
developer other than that specified herein. A finding of incomplete
or unsubstantiated evidence may be grounds for denial of the claim
for refund.
(5)
The amount of the connection fee refund shall be the
entire connection fee received by the Village, including interest,
but excluding the ten-percent administrative fee to be retained by
the Village for administration expenses.
