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POL Government Elected Officials Auditor Griffin-Valade Charter, Code & Policies City Code & Charter Online Code & Charter Title 17 Public Improveme Chapter 17.28 Sidewalks, Curbs and Driveways
17.28.160 Assessment of Charges.

(Amended by Ordinance Nos. 182760 and 183348, effective December 18, 2009.) 

 

A.  The City Auditor shall refer to the City Engineer or responsible bureau all remonstrances and remove from further assessment action the proposed assessments which are associated with the remonstrances.  The City Engineer or responsible bureau shall review each remonstrance by taking the following actions:

 

1.  Determine whether the improvement work was required by Code and whether the conditions required the improvements, whether the required improvements are consistent with Code and City specifications, and whether the improvement charges are calculated as provided by Code; and

 

2.   Determine the extent of actions or adjustments which are necessary to bring the proposed assessment into compliance with Code and program standards; and

 

3.  Mail a statement of findings to the remonstrating property owner, and file a copy with the City Auditor.  The findings shall include a statement that the property owner may appeal the determination to the Council.

 

B.  The Council shall conduct a public hearing on the proposed assessments, however is should be held no sooner than 20 days following the date of the proposed assessment notice as provided in this Chapter.  The Council shall consider and make its determinations based on the requirements of this Code and the City specifications maintained by the City Engineer.  The Council shall affirm or modify the proposed assessments based on its findings.  The Council’s decisions shall be implemented by ordinance which sets forth its findings and decision.  The decision of the Council may be appealed to the court by writ of review.

 

C.  Following adoption of the assessing ordinance, the City Auditor shall mail a final assessment notice to the owners of the affected property as shown on the last available assessment roll in the office of the county assessor.  The notice shall be deemed given upon deposit in the U.S. mail.  The notice shall contain the following information:

 

1.  The legal description and site address of the property;

 

2.  The final assessment amount;

 

3.  A statement that the final assessment is recorded in the Docket of City Liens, and is a lien which has first priority against the property as provided by state statute;

 

4.  The manner and deadline for paying the final assessment in full or requesting to pay the final assessment in installments if authorized by Code;

 

5.  The interest, penalties and collections costs which shall be charged if the final assessment is not paid or an installment payment contract is not filed before the deadline contained in the notice; and

 

6.  A statement that delinquent final assessments may be collected by foreclosure and property sale.

 

D.  The City Auditor shall maintain a Docket of City Liens containing final assessments on property.  Any unpaid final assessment shall be recorded in the City lien docket, and it shall be binding upon the property owner and all subsequent property owners of the property or any segregated part of it.  The docket shall stand thereafter as a lien docket the same as ad valorem property taxes assessed in favor of the City against each lot or parcel of land until paid, for the following:

 

1.  The amount of the unpaid final assessments docketed, with accrued interest at the rate determined by the City Council, or in the case of an installment contract, at the rate set forth in the contract; and

 

2.  Any additional interest, penalties, or billing charges imposed by the City with respect to any installments of final assessments which are not paid when due.

 

E.  All unpaid final assessments together with accrued and unpaid interest and penalties and billing charges are a lien on each lot or parcel of land respectively, in favor of the City and the lien shall have first priority over all other liens and encumbrances whatsoever.

 

F.   The City shall enforce assessment liens and installment payment contracts under this Chapter in the same manner as other City assessments as set forth in Title 5.

 


Title 17 Public Improveme
Chapter 17.04 Definitions
Chapter 17.06 Administration of Public Works Permitting
Chapter 17.08 Local Improvement Procedure
Chapter 17.12 Assessments
Chapter 17.13 Parks and Recreation System Development Charge
Chapter 17.14 Financing Systems Development Charges
Chapter 17.15 Transportation System Development Charge
Chapter 17.16 General Provisions
Chapter 17.18 General Obligation Improvement Warrants
Chapter 17.19 Northwest Transportation Fund
Chapter 17.20 (Repealed)
Chapter 17.23 Special Traffic Control District
Chapter 17.24 Permits
Chapter 17.25 Sidewalk Cafes
Chapter 17.26 Sidewalk Vendors
Chapter 17.27 Structural Driveways
Chapter 17.28 Sidewalks, Curbs and Driveways
Chapter 17.30 (Repealed)
Chapter 17.32 Public Sewer and Drainage System Permits, Connections and Maintenance
Chapter 17.33 Required Public Sewer Connection
Chapter 17.34 Sanitary Discharges
Chapter 17.35 Septage Discharge
Chapter 17.36 Sewer User Charges
Chapter 17.37 Downspout Disconnection
Chapter 17.38 Drainage and Water Quality
Chapter 17.39 Storm System Discharges
Chapter 17.40 Protection of Public Right-of-Way
Chapter 17.41 Landslide Abatement
Chapter 17.42 Property Owner Responsibility for Streets
Chapter 17.44 Street Obstructions
Chapter 17.45 Advertising on Bus Benches
Chapter 17.46 Newsracks
Chapter 17.48 Moving Buildings
Chapter 17.52 Trees
Chapter 17.56 Public Utilitites
Chapter 17.60 Underground Wiring Districts
Chapter 17.64 Protection of City Owned Telecommunications Line and Equipment, Street Lighing and Traffic Signal Systems
Chapter 17.68 Street Lights
Chapter 17.72 (Repealed)
Chapter 17.76 Fuel Tanks
Chapter 17.80 Plats and Dedications
Chapter 17.82 Land Divisions
Chapter 17.84 Street Vacations
Chapter 17.88 Street Access
Chapter 17.92 Street Designation
Chapter 17.93 Renaming City Streets
Chapter 17.96 Surveys, Elevations and Monuments
Chapter 17.100 Remedies and Penalties
Chapter 17.102 Solid Waste & Recycling Collection
Chapter 17.103 Single-Use Plastic Checkout Bags