[Adopted 11-21-1991 by Ord. No.
16-91 as Title 3, Ch. 2, of the 1991 Code]
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.
[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.
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.
[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.