Chapter 3.16
SPECIAL ASSESSMENT FOR PUBLIC IMPROVEMENTS1
Sections:
3.16.010 Initiation of proceedings.
3.16.030 Action on engineer’s report.
3.16.040 Resolution of intent and notice of hearing.
3.16.050 Hearing and resolution establishing a local improvement district.
3.16.060 Manner of doing work.
3.16.080 Method of assessment.
3.16.090 Assessment ordinance.
3.16.100 Notice of assessment.
3.16.120 Installment payments.
3.16.130 Lien records and foreclosure proceedings.
3.16.140 Errors in assessment calculations.
3.16.010 Initiation of proceedings.
Whenever the council shall deem it expedient to construct, alter, repair, or improve any street, sidewalk, sewer, drain, or other public improvement for all or any part of which it is anticipated special assessments will be levied, it shall by motion declare its intention to initiate such improvement and direct the city engineer or engineer employed by the city to make a survey of such project and file a written report with the recorder. [Ord. 507-2011 Exh. A].
3.16.020 Engineer’s report.
Unless the council directs otherwise, the 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. Preliminary plans, specifications and estimates of the work to be done; provided, however, that where the proposed project is to be carried out in cooperation with any other governmental agency, the report may adopt the plans, specifications and estimates of such agency.
C. An estimate of probable cost of the improvement, including legal, administrative and engineering costs.
D. A recommendation as to the method of assessment to be used to arrive at a fair apportionment of the whole or a portion of the cost of the improvement to the properties specifically benefited.
E. A description of each lot, parcel of land, or portion of land to be benefited, with names of the record owners shown on books and records of the assessment and taxation office of Yamhill County. To describe each lot or parcel of land under provisions of this section, it shall be sufficient to use the tax account number assigned to the property by the assessment and taxation office. [Ord. 507-2011 Exh. A].
3.16.030 Action on engineer’s report.
After the engineer’s report is filed with the recorder, the council may by motion approve the report; modify the report and approve it as modified; require additional or different information for such improvement; or it may abandon the improvement. [Ord. 507-2011 Exh. A].
3.16.040 Resolution of intent and notice of hearing.
After the council has approved the engineer’s report as submitted or modified, the council shall by resolution declare its intention to make the improvement and direct the recorder to give notice of the council’s intention to make the improvement by publishing the notice in a newspaper of general circulation within the city, posting the notice at City Hall, and by mailing a copy of the notice to the owners of property to be assessed for the costs of the improvement. The notice shall be published, posted, and mailed at least 10 days prior to the public hearing on the proposed improvement. Said notice shall contain the following:
A. A statement describing the proposed improvement, the area to be served and the intention of the council to make such an improvement.
B. That a written report on the improvement is on file in the office of the recorder and is subject to public examination.
C. A description of the properties to be benefited, the owners of the properties, the estimated cost of the improvement, and the estimated assessment for each property benefited.
D. The date, time, and place of the public hearing at which time and place the city council will hear testimony and consider objections and remonstrances to the proposed improvement by any party aggrieved thereby. [Ord. 507-2011 Exh. A].
3.16.050 Hearing and resolution establishing a local improvement district.
A. At the time of the public hearing, the council shall hear and consider testimony, both oral and written, on the proposed improvement; and may continue the hearing as it deems necessary. After such hearing the council may, in its discretion, order the improvement to be made or abandon the improvement. If the council elects to order such improvement, it shall, within 60 days after the date of the hearing, provide by resolution for the establishment of the local improvement district and the construction of the improvement.
B. At the public hearing, the council may direct a modification of the proposed improvement by revising the scope of the improvement, by reducing the area to be included in the local improvement district, or may make such other modifications in the proceedings as it finds reasonable. [Ord. 507-2011 Exh. A].
3.16.060 Manner of doing work.
The council shall provide by motion the time and manner of doing the work of such project, and the improvement may be made in whole or in part by the city, by another governmental agency, by contract, or by any combination thereof. [Ord. 507-2011 Exh. A].
3.16.070 Assessable costs.
The costs of the improvement which may be assessed against the property specifically benefited by the improvement shall be determined after the work is completed, or substantially completed, and shall include the actual costs of construction of the improvement. Other eligible costs which may be assessed include: advertising, legal, engineering, financing costs; the costs of any necessary property, right-of-way or easement acquisition and condemnation proceedings; and any other necessary expenses to complete the improvement in accordance with the provisions of this chapter. [Ord. 507-2011 Exh. A].
3.16.080 Method of assessment.
A. The council, in adopting a method of assessment of the costs of the improvement, may:
1. Use any just and reasonable method of determining the extent of any improvement district consistent with the benefits derived.
2. Use any just and reasonable method of apportioning the cost to be assessed among the benefited properties.
3. 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 use by the general public, or other character of the work involved warrants only a partial payment or no payment by the benefited property of the costs of the improvement.
B. Nothing in this chapter shall preclude the council from using any other available means of financing the improvements, including federal or state grants. [Ord. 507-2011 Exh. A].
3.16.090 Assessment ordinance.
A. The city recorder, or such other person as the council may direct, shall prepare the assessment to the respective lots within the local improvement district and file the assessments in the recorder’s office. Notice of such assessment shall be mailed to the owner of each lot proposed to be assessed at the address shown on the records of the assessment and taxation office of Yamhill County. Such notice shall state the name of the owner, the description of the property proposed to be assessed, the amount of assessment proposed on the property, and shall fix a date, no sooner than 10 days from date such notices were mailed, by which time written objections shall be filed with the recorder. An objection shall state the grounds for the objection.
B. Within 60 days of the date fixed for the filing of objections, the city council shall:
1. Consider such objections at a public meeting and may adopt, correct, modify or revise the proposed assessment;
2. Determine the amount of assessment to be charged against each lot within the district according to special and peculiar benefits accruing to it from the improvement; and
3. By ordinance spread the assessments. [Ord. 507-2011 Exh. A].
3.16.100 Notice of assessment.
Within 10 days after the ordinance levying assessments has been passed, the recorder 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 in a newspaper of general circulation within the city. The notice shall include the name of the property owner, a description of the assessed property, the amount of the assessment, and the date of the assessment ordinance and shall state that interest will begin to run on the assessment and the property will be subject to foreclosure unless the owner either makes application to pay the balance of the unpaid assessment in installments or pays the assessment in full within 30 days after the date of the assessment ordinance. [Ord. 507-2011 Exh. A].
3.16.110 Writ of review.
Subject to the curative provisions of DMC 3.16.150 and the right of the city to reassess pursuant to DMC 3.16.160, all actions of the council taken pursuant to this chapter are reviewable solely and exclusively by writ of review in accordance with the procedures in ORS 34.010 through 34.100. Review of an ordinance levying any assessment may be commenced only by a property owner who has filed a written objection to the proposed assessment in accordance with DMC 3.16.090. A proceeding on a writ of review shall be abated if proceedings are initiated and pursued by the council to remedy or cure the alleged errors or defects. [Ord. 507-2011 Exh. A].
3.16.120 Installment payments.
A. The owner of any property to be assessed may file an application on forms provided by the city to pay the whole of the final assessment in installments; or if part of the final assessment has been paid, the unpaid balance of the final assessment in installments. The application shall provide that the applicant agrees to pay the assessment in installments over a period of 10 years and according to terms determined by the city. The application shall also provide that the applicant acknowledges and agrees to pay interest and loan administration fees at the rate set by the assessment ordinance. The amount and due date of each installment shall be determined by the city and shall be set forth in the installment application.
B. The first installment, plus accrued interest and fees, shall be due and payable on the date determined by the city and subsequent installments plus accrued interest and fees shall be due and payable on subsequent periodic dates as determined by the city. Installment payments not paid on or prior to their due date shall be considered delinquent and assessed a penalty in an amount equal to five percent of the delinquent installment. If the delinquent installment and penalty remains unpaid 30 days after the installment due date, the balance of the unpaid assessment, accrued interest, fees, and penalties shall become immediately due and payable. [Ord. 507-2011 Exh. A].
3.16.130 Lien records and foreclosure proceedings.
A. After passage of the assessment ordinance by the council, the recorder shall enter in the docket of city liens a statement of the amounts assessed upon each particular lot, parcel of land or portion thereof, together with a description of the improvement, the name of the owners and the date of the assessment ordinance. Upon such entry in the lien docket, the amount so entered shall become a lien and charge upon the respective lots, parcels of land or portions thereof, which have been assessed for such improvement. All assessment liens of the city of Dundee shall be superior and prior to all other liens or encumbrances on property insofar as laws of the state of Oregon permit.
B. Interest shall be charged at such rate per annum as the council may provide on all amounts not paid within 30 days after the date of the assessment ordinance. After expiration of 30 days from the date of such assessment ordinance the city may proceed to foreclose or enforce collection of the assessment liens in the manner provided by state law. The city may charge all assessment accounts which are delinquent and subject to collection the city’s reasonable attorney fees attributed to the collection process or foreclosure of the city’s lien. The city may, at its option, enter a bid for the property being offered at a foreclosure sale, which bid shall be prior to all bids except those made by persons who would be entitled under the laws of the state of Oregon to redeem such property. [Ord. 507-2011 Exh. A].
3.16.140 Errors in assessment calculations.
Claimed errors in the calculations of final assessments shall be called to the attention of the recorder within 30 days after the date of the assessment ordinance, who shall determine whether there has been an error in fact. If the recorder finds that there has been an error in fact, the recorder shall recommend to the council an amendment to the assessment ordinance to correct such error. Upon enactment of the amendment, the recorder shall make the necessary correction in the docket of city liens and send a corrected notice of assessment by registered or certified mail. [Ord. 507-2011 Exh. A].
3.16.150 Curative provisions.
A. An improvement assessment shall not be rendered invalid by reason of:
1. Failure of the engineer’s report to contain all information required by DMC 3.16.020.
2. Failure to have all information required in the improvement resolution, assessment ordinance, lien docket or notice 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. 507-2011 Exh. A].
3.16.160 Reassessment.
Whenever any assessment for any improvement which has been made by the city has been set aside, annulled, declared or rendered void, or its enforcement restrained by any court of this state, or any federal court having jurisdiction, or when the council is in doubt as to the validity of the assessment, then the council may make a reassessment in the manner provided by state law. [Ord. 507-2011 Exh. A].
Prior legislation: Ord. 178.