Chapter 13.12
ZONE OF BENEFIT AND FUTURE CHARGES FOR LOCAL IMPROVEMENTS
Sections:
13.12.030 Zone of benefit charges.
13.12.010 Purpose.
The purpose of this chapter is to provide a method for charging property owners who benefit from a hookup to a sanitary sewer, storm sewer or water line or from utilization of access to a public street from their property, subsequent to and not in connection with the original construction of such sanitary sewer, storm sewer, water line or street. This chapter further provides for reimbursement to the party or parties who initially paid for the extension of the sanitary sewer, storm sewer, water line or street in the event a property owner hooks up to or utilizes such extension within twenty years from the construction thereof. The city council shall establish by resolution fees for services related to the administration of a zone of benefit which fees shall become part of the comprehensive fee schedule. (Ord. 2752 §2(part), 1994; Ord. 2678 §2(Exhibit A(part)), 1991)
13.12.020 Zone of benefit.
For every extension which is constructed and in which all benefiting properties are not assessed or charged at the time of such construction, a zone of benefit may be established at the request of the party or parties who paid for the extension of the sanitary sewer, storm sewer, water line or street. A request to form a zone of benefit must be submitted in writing to the city within one year following the date of completion of the extension. The request must be accompanied by the then prevailing fee to process the zone of benefit request. The zone of benefit, if established, shall include all properties contiguous to or otherwise located so as to directly benefit from such extension. Determinations of "direct benefit" shall be made by the city council at the time of the formation of the zone of benefit. A zone of benefit shall only be established by ordinance after notice has been given to registered owners of the properties to be included in the zone of benefit. Notice shall be given by certified and first class, United States mail not less than seven days before consideration of the ordinance by the city council. Upon the adoption of the ordinance, it shall be recorded by the city recorder against the title of the properties in the zone of benefit. (Ord. 2754 §2(part), 1994: Ord. 2678 §2(Exhibit A(part)), 1991)
13.12.030 Zone of benefit charges.
After the establishment of a zone of benefit, any property owner within the zone of benefit who hooks up to or otherwise benefits from an extension of the sanitary sewer, storm sewer, water line or street and who has not paid for a share of the initial cost of construction of such extension shall pay their fair share of the cost of the extension as a condition of hooking up to or benefiting from such extension. A fair share of the cost of the extension shall be established by determining each property's pro-rata share of the original cost to construct the extension plus an incremental amount determined by the increase in the construction cost index between the time of original construction and the time a property owner hooks up to or benefits from the extension. The construction cost index shall be determined from figures published in Engineering New Record magazine for 20 Cities. Pro-rata shares of the original cost of extensions which are assessable to each property in the zone of benefit shall be included in the ordinance which establishes the zone of benefit. (Ord. 2678 §2(Exhibit A(part)), 1991)
13.12.040 Payment.
Payment for hookup to a sanitary or storm sewer or water line, or for utilization of access to a public street shall be in cash and shall be payable to the city. If the zone of benefit charge is paid within twenty years from the construction of such extension, the city shall pay to the party or parties who paid the initial cost of construction the amounts specified in the ordinance that formed the zone of benefit plus an incremental amount determined by the increase in the construction cost index between the time of original construction and the time the property owner hooks up to or benefits from the extension. If there is an unpaid assessment for such construction, the city shall apply the zone of benefit amount to the outstanding assessment. Any fees received by the city after twenty years shall be the sole property of the city. (Ord. 2754 §2(part), 1994: Ord. 2678 §2(Exhibit A(part)), 1991)