Chapter 3.15
Local Improvements and Special Assessments
Sections:
3.15.010 Initiating improvements.
3.15.040 Action on engineer’s report.
3.15.050 Resolution and notice of hearing.
3.15.060 Manner of doing work.
3.15.090 Method of assessment and alternative methods of financing.
3.15.100 Assessment ordinance.
3.15.110 Notice of assessment.
3.15.120 Lien record and foreclosure proceedings.
3.15.130 Errors in assessment calculations.
3.15.140 Supplemental assessments.
3.15.160 Abandonment of proceedings.
3.15.190 Bancroft Bonding Act.
3.15.010 Initiating improvements.
A. When the Council considers it necessary to require that a local improvement, as defined in ORS 223.387, be paid for in whole or in part by special assessment according to benefits conferred, the Council may by resolution initiate consideration of the improvement and direct the City Engineer to make a survey of the improvement and file a written report with the City Administrator.
B. When owners of two-thirds of the property that will benefit by a local improvement request by written petition that the Council initiate an improvement, the Council may by resolution initiate consideration of the improvement and direct the City Engineer to make a survey of the improvement and file a written report with the City Administrator. [Ord. 536 § 1, 1981; 1981 Compilation § 2-1.1.]
3.15.020 Petitioner bond.
If an improvement is initiated by petition of property owners, the Council may require the petitioners to post a bond in a form satisfactory to the City Administrator in an amount sufficient to cover the cost of the City Engineer’s report. [Ord. 536 § 2, 1981; 1981 Compilation § 2-1.2.]
3.15.030 Engineer’s report.
The City Engineer’s report shall contain the following:
A. A map or plat showing the general nature, location and extent of the proposed improvement and the land to be assessed for payment of the cost.
B. Plans, specifications and estimates of work to be done. If the proposed project is to be carried out in cooperation with another governmental agency, the plans, specifications and estimates of that agency may be adopted.
C. An estimate of the cost of the improvement, including legal, administrative, engineering and other overhead costs and an estimate of the cost to the City which is not assessable to properties.
D. An estimate of unit cost of the improvement to the benefited properties, per square foot, per front foot, or another measure of cost.
E. A recommendation concerning the method of assessment to be used to arrive at a fair apportionment of the whole or a portion of the cost to benefited properties.
F. A description of each lot, parcel or portion of a lot or parcel to be benefited, with names of the record owners, and when readily available, names of contract purchasers as shown on the books and records of the Linn County Tax Department. It shall be sufficient to use the tax account number assigned to the property by the Linn County Tax Department or the book and page designations shown on the books and records of the Linn County Clerk.
G. If the improvement is initiated by petition, the percentage of benefited properties that are represented on petitions by owners who favor the improvement.
H. A recommendation regarding the rate of interest to be paid on assessments payable in installments.
I. Such further information as requested by Council. [Ord. 536 § 3, 1981; 1981 Compilation § 2-1.3.]
3.15.040 Action on engineer’s report.
Upon review of the City Engineer’s report, the Council may by resolution approve the report with or without modifications, require additional or different information, or abandon the improvement. [Ord. 536 § 4, 1981; 1981 Compilation § 2-1.4.]
3.15.050 Resolution and notice of hearing.
After the Council has approved the City Engineer’s report as submitted or modified, the Council shall declare by resolution that it intends to make the improvement and direct the City Administrator to publish notice of the Council’s intention once a week for two weeks in a newspaper of general circulation in the City. Each owner of property to be benefited by the improvement shall also be notified by first class mail. The notice shall contain the following:
A. That the report of the City Engineer is on file in the Office of the City Recorder and is subject to public examination.
B. That the Council will hold a public hearing on the proposed improvement on a specified date, which date shall be not less than 10 days after the first publication of the notice, at which objections to the improvement will be heard by the Council.
C. A description of the property to be benefited by the improvement, owners of the property as shown on books and records of the Linn County Tax Department, and the City Engineer’s estimate of total cost of the improvement to be paid by special assessment to benefited properties, and the City Engineer’s estimate of the cost to the City which is not assessable to properties. For purposes of this subsection, it shall be sufficient to describe the property to be benefited by the tax account number assigned to the property and used by the Linn County Tax Department or the book and page designations shown on books and records of the Linn County Clerk. [Ord. 536 § 5, 1981; 1981 Compilation § 2-1.5.]
3.15.060 Manner of doing work.
The Council may provide in the improvement resolution that the construction work may be done in whole or in part by the City, by contract, by another governmental agency, or by a combination thereof. To the extent required, contracts to perform improvements shall proceed in accordance with applicable public contract law. [Ord. 536 § 6, 1981; 1981 Compilation § 2-1.6.]
3.15.070 Hearing.
The Council may by resolution at the time of the hearing or within 60 days thereafter order construction or abandonment of the improvement. If the improvement is not acted upon within 60 days after the hearing, it shall be deemed abandoned. [Ord. 536 § 7, 1981; 1981 Compilation § 2-1.7.]
3.15.080 Title reports.
If the Council decides to make the improvement, a notice of intention to levy an assessment shall be mailed to each title company known by the City Administrator to be conducting business in Linn County. Pending levy of the assessment, each title company receiving the notice shall record the intent on any title search report issued for property to be benefited by the improvement. [Ord. 536 § 8, 1981; 1981 Compilation § 2-1.8.]
3.15.090 Method of assessment and alternative methods of financing.
A. When adopting a method of assessing the cost of an improvement, the Council may:
1. Use any just and reasonable method to determine the extent of an improvement district consistent with the benefits derived.
2. Use any just and reasonable method of apportioning the sum to be assessed among the benefited properties consistent with the benefits derived.
3. Separately apportion costs of special features of an improvement that benefit a particular parcel of property in a manner peculiar to that property.
4. Authorize payment by the City of all or part of the cost of an improvement when, in the opinion of the Council, the topographical or physical conditions, unusual or excessive public travel, extra-capacity nature of the improvement, or other character of the work involved warrants partial or no payment of the cost by the benefited property.
B. Nothing contained in this section shall preclude the Council from using other means of financing improvements, including, but not limited to, federal and state grants-in-aid, sewer charges or fees, revenue bonds, general obligation bonds, or other means of financing. If other means of financing are used, the Council may levy special assessments according to benefits conferred to cover any remaining part of the cost. [Ord. 536 § 9, 1981; 1981 Compilation § 2-1.9.]
3.15.100 Assessment ordinance.
A. When the estimated cost is ascertained on the basis of the contract award or City departmental cost, or after the work is done and the cost has been actually determined, the Council shall determine whether the benefited property shall bear all or a portion of the cost under the standards of BMC 3.15.090. The City Engineer shall prepare the proposed assessment for each property within the assessment district and file the assessments in the City Administrator’s Office. The proposed assessments shall include a proportionate share of City overhead costs, stated as a percentage of the cost of the improvement.
B. Notice of the proposed assessment shall be mailed to the owner of the property proposed to be assessed at the address shown on the Linn County Tax Assessor’s records. The notice shall state the amount of proposed assessment, the interest rate to be charged on assessments not paid within 10 days after notice of the levy, and fix a date by which written objections shall be filed with the City Administrator and the date and time set for the public hearing at which the Council will hear the objections. An objection shall state the grounds for the objection.
C. At the hearing, the Council shall consider the objections and may adopt, correct, modify or revise the proposed assessment against each property, and by ordinance levy the assessments. The ordinance shall state the rate of interest to be charged on assessments not paid within 10 days after notice of the levy. [Ord. 536 § 10, 1981; 1981 Compilation § 2-1.10.]
3.15.110 Notice of assessment.
A. Within 10 days after the ordinance levying assessments has passed, the administrator shall send a notice of assessment to the owner of the assessed property by registered or certified mail and publish notice of the assessment once a week for two weeks in a newspaper of general circulation in the City. The first publication of notice shall be not later than 20 days after the date of the assessment ordinance.
B. The mailed and published notices of assessment shall include the names of the property owners, a description of the assessed property, the amount of the assessment, the date of the assessment ordinance, and the rate of interest to be charged on assessments paid in installments. The notice shall also state that the assessment may be paid in full, without interest, within 10 days after the date of first publication of notice, and that if the assessment is not paid in full within that time, interest will accrue from the eleventh day after the date of first publication of notice until paid. The notice shall also state that the property will be subject to foreclosure unless the owner either pays the assessment in full or makes application to pay the assessment in installments within 10 days after the date of the first publication of notice. The notice shall include an application for paying the assessment in installments. [Ord. 536 § 11, 1981; 1981 Compilation § 2-1.11.]
3.15.120 Lien record and foreclosure proceedings.
After passage of the assessment ordinance, the City Administrator shall enter into the docket of liens in a statement of the amount assessed on each lot, parcel of land or portion of land, a description of the improvement, names of property owners, and the date of the assessment ordinance. On entry in the lien docket, the amounts shall become liens and charges on the lots, parcels of land or portions of land that have been assessed for improvement. Assessment liens of the City shall be superior and prior to all other liens or encumbrances on property insofar as state law permits. The City may foreclose or enforce collection of assessment liens in the manner provided by state law and City ordinance. The City may enter a bid on property being offered at a foreclosure sale. The City bid shall be prior to all identical bids except those made by persons who would be entitled under state law to redeem the property. [Ord. 536 § 12, 1981; 1981 Compilation § 2-1.12.]
3.15.130 Errors in assessment calculations.
Claimed errors in the calculation of assessments shall be called to the attention of the City Administrator, who shall determine whether there has been an error. If there has been an error, the City Administrator shall recommend to the Council an amendment to the assessment ordinance to correct the error. On enactment of the amendment, the City Administrator shall make the necessary correction in the docket of liens and send a corrected notice of assessment to affected owners by registered or certified mail. [Ord. 536 § 13, 1981; 1981 Compilation § 2-1.13.]
3.15.140 Supplemental assessments.
If an assessment is made before the total cost of the improvement is ascertained or on the basis of erroneous information, and if the amount of the assessment is insufficient to defray expenses of the improvement, the Council may declare the insufficiency and prepare a proposed supplemental assessment. The procedure for adoption of a supplemental assessment shall be identical to that for an original assessment. [Ord. 536 § 14, 1981; 1981 Compilation § 2-1.14.]
3.15.150 Rebates.
If, on completion of the improvement project, the assessment previously levied is found to be more than sufficient to pay the cost of the improvement, the Council shall ascertain and declare the excess by ordinance. When declared, the excess amounts must be entered on the lien docket as a credit on the appropriate assessment. If an assessment has been paid, the person who paid it or that person’s legal representative shall be entitled to payment of the rebate credit. [Ord. 536 § 15, 1981; 1981 Compilation § 2-1.15.]
3.15.160 Abandonment of proceedings.
The Council may abandon proceedings for improvements at any time before final completion of the improvements. If liens have been placed on property, they shall be cancelled; and payments made on assessments shall be refunded to the person who paid them or to that person’s legal representatives. [Ord. 536 § 16, 1981; 1981 Compilation § 2-1.16.]
3.15.170 Curative provision.
A. An improvement assessment shall not be rendered invalid by reason of:
1. Failure of the City Engineer’s report to contain all the information required by BMC 3.15.030.
2. Failure to have all information required in the improvement resolution, assessment ordinance, lien docket, or notices required to be published and mailed.
3. Failure to list the name of or mail notice to an owner of property as required by this chapter.
4. Any other error, mistake, delay, omission, irregularity or other act, jurisdictional or otherwise, in the proceedings or steps specified, unless it appears that the assessment is unfair or unjust in its effect on the person complaining.
B. The Council shall have authority to remedy and correct all matters by suitable action and proceedings. [Ord. 536 § 17, 1981; 1981 Compilation § 2-1.17.]
3.15.180 Reassessment.
When an assessment, supplemental assessment or reassessment for an improvement made by the City has been set aside, annulled, declared, or rendered void, or its enforcement restrained by a court of this state or by a federal court having jurisdiction, or when the Council doubts the validity of the assessment, supplemental assessment, reassessment or any part of it, the Council may make a reassessment in the manner provided by state law. [Ord. 536 § 18, 1981; 1981 Compilation § 2-1.18.]
3.15.190 Bancroft Bonding Act.
Assessments may be payable in installments and may be bonded under the provisions of the Bancroft Bonding Act, ORS 223.205 and 223.210 through 223.295. If the Bancroft Bonding Act conflicts with provisions of the ordinance codified in this chapter or any other City ordinance, the City ordinance shall prevail. [Ord. 536 § 19, 1981; 1981 Compilation § 2-1.19.]