Chapter 17.01
GENERAL PROVISIONS
Sections:
17.01.030 Assessment authority.
17.01.010 Definitions.
For the purposes of this title, the following words and phrases shall have the meanings set forth below:
“Benefited area method” means a method of assessment that determines each parcel’s share of the assessment by dividing the total cost of the improvements on which the assessment is based by the total square footage of land benefited by the improvement and then allocating a portion of the cost of the assessment to each parcel based upon the square footage of the land benefited by the improvement. The square footage included in the calculation shall exclude undevelopable land. For a lot 50 percent larger than the average lot in the district, the Public Works Director may determine that benefited area only includes the first 200 feet of the lot so long as Council approves that determination.
“Cost” means all expenses incurred by the City for an improvement, including, but not limited to, advertising expenses, fees of engineers, architects and surveyors, legal fees, costs of property acquisition, payments to construction contractors, costs of interim and long-term financing of the improvement, including costs of issuing bonds and notes, and City administrative costs.
“Developable land” means land that, in the discretion of the Public Works Director, can be reasonably developed for uses permitted within the property’s zoning district.
“District” means a special assessment district created under this chapter unless otherwise specified.
“Equal area method” means an assessment method allocating costs equally to each lot in a district.
“Front footage method” means an assessment method allocating costs between lots in a district based on the linear feet fronting the improvement for which the district was created. Under this method, and except as provided in this definition, lots fronting the improvement on more than one side and only accessing the improvement from one side will only be assessed for linear feet on one side. Lots fronting the improvement on more than one side and accessing the improvement from more than one side will be assessed for linear feet on all sides accessing the improvement.
“Hybrid method” means an assessment method allocating costs between lots in a district using a combination of methods defined in this chapter.
“Improvement” means a capital improvement, including without limitation streets, sidewalks, alleys and bridges; street lighting; drainage and flood control facilities; sanitary sewage collection and treatment facilities; water supply and distribution facilities; natural gas distribution facilities; and parks, playgrounds, public squares and open space.
“Public Works Director” means the Public Works Director or designee. If the Public Works Director position is not filled or is temporarily empty, the City Manager or designee will serve as the Public Works Director for purposes of this title.
“Record owner” means the person in whose name real property is listed on the property tax roll prepared by the Kenai Peninsula Borough.
“Special assessment application fee” means the fee charged for the processing of the special assessment district application. The fee is approved annually by Council in the resolution adopting the City fee schedule.
“Undevelopable land” means land that cannot be practicably developed due to natural characteristics, which may include, but are not limited to, steep grade, ravines, and wetlands. [Ord. 22-11(S)(A) § 1, 2022; Ord. 19-23(S-2)(A) § 5, 2019].
17.01.020 Purpose.
The purpose of this title is to identify the assessments the City may charge for acquiring, installing or constructing capital improvements and utility systems that benefit real property within City boundaries. [Ord. 22-11(S)(A) § 1, 2022; Ord. 19-23(S-2)(A) § 5, 2019].
17.01.030 Assessment authority.
The City may assess all or part of the cost of a capital improvement against real property benefited by the improvement, whether the property is privately or governmentally owned, including real property that is exempt from taxation. [Ord. 22-11(S)(A) § 1, 2022; Ord. 19-23(S-2)(A) § 5, 2019].