Chapter 12.25
PUBLIC IMPROVEMENT ASSESSMENTS
Sections:
12.25.020 Initiation of proceedings and report from the city engineer.
12.25.030 Council’s action on engineer’s report.
12.25.040 Resolution and notice of hearing.
12.25.050 Manner of doing work.
12.25.090 Method of assessment.
12.25.100 Assessment resolution.
12.25.110 Notice of assessment.
12.25.120 Lien records and foreclosure proceedings.
12.25.130 Errors in assessment calculations.
12.25.160 Abandonment of proceedings.
12.25.170 Curative provisions.
12.25.010 Definitions.
A. “Improvement district” means that portion of land affected by a local improvement for which assessments are being apportioned and which includes all benefited property.
B. “Local improvement” has the meaning as set forth in ORS 310.140(9). [Ord. 1213 § 1, 2012.]
12.25.020 Initiation of proceedings and report from the city engineer.
Whenever the council shall deem it necessary, upon its own motion or upon the petition of the owners of one-half of the property that benefits specially from the improvement, to make any street, sewer, sidewalk, drain, water line or other public improvement to be paid for in whole or in part by special assessment according to benefits, then the council shall, by motion, direct the city engineer to make a survey and written report for such project and file the same with the city recorder. Unless the council shall direct otherwise, such report shall contain the following matters:
A. A map or plat showing the general nature, location and extent of the proposed improvement and the land to be assessed for the payment of any part of the cost thereof;
B. 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 engineer may adopt the plans, specifications or estimates of such agency;
C. An estimate of the probable cost of the improvement including any legal, administrative and engineering costs attributable thereto;
D. An estimate of the unit cost of the improvement to the specially benefited properties;
E. A recommendation as to the method of assessment to be used to arrive at a fair apportionment of the whole or any portion of the cost of the improvement to the properties specially benefited;
F. The description (which description may be by county tax lot numbers only) and assessed value of each lot, parcel of land, or portion thereof, to be specially benefited by the improvement with the names of the record owners thereof and, when readily available, the names of the contract purchasers thereof;
G. A statement of outstanding assessments against property to be assessed. [Ord. 1213 § 2, 2012.]
12.25.030 Council’s action on engineer’s report.
After the city engineer’s report is filed with the city recorder, the council may thereafter by motion approve the report, modify the report and approve it as modified, require the engineer to supply additional or different information for such improvements, or the council may abandon the improvement. [Ord. 1213 § 3, 2012.]
12.25.040 Resolution and notice of hearing.
After the council has approved the report as submitted or modified, the council shall, by resolution, designate the proposed improvement, declare its intention to make such improvement, provide the manner and method of carrying out the improvement, and shall direct the recorder to give notice of such improvement by two publications one week apart in a newspaper of general circulation within the city and by mailing copies of such notice by registered or certified mail to the owners to be assessed for the costs of such improvement, which said notice shall contain the following matters:
A. That a written report on the improvement is on file in the office of the recorder and is subject to public examination;
B. That the council will hold a public hearing on the proposed improvement at a specified place, time and date, which shall not be earlier than 10 days following the first publication of notice, at which hearing the council will hear and consider objections and remonstrances to the proposed improvement by any parties aggrieved thereby; and that if, prior to such hearing, there shall be presented to the recorder valid, written remonstrances of the owners of two-thirds of the property to be specially assessed by such improvement, then the improvement will be abandoned for at least six months, unless the improvement is a sidewalk or an improvement unanimously declared by the council to be needed at once because of an emergency;
C. A description of the property to be specially benefited by the improvement (which description may be by county tax lot numbers only), the owners of such property, and the estimate of the unit cost of the improvement to the property to be specially benefited, and the total cost of the improvement to be paid for by special assessments to benefited properties. [Ord. 1213 § 4, 2012.]
12.25.050 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 or by contract, or by any other governmental agency, or by any combination thereof. [Ord. 1213 § 5, 2012.]
12.25.060 Hearing.
At the time of the public hearing on the proposed improvement, if the written remonstrances shall represent less than the amount of property required to defeat the proposed improvement, if such an improvement is one that can be remonstrated against, then on the basis of such hearing of written remonstrances and oral objections, if any, the council may, by motion, at the time of said hearing or within 60 days thereafter, order said improvement to be carried out in accordance with the resolution, or the council may, on its own motion, abandon the improvement. When the council decides to proceed with the improvement, plans and specifications of the work to be done shall be prepared by the city engineer or other authorized person. [Ord. 1213 § 6, 2012.]
12.25.070 Call for bids.
A. The council may, at its discretion, direct the city recorder to advertise for bids for construction of all or any part of the improvement project on the basis of the council-approved engineer’s report and before the passage of the resolution, or after the passage of the resolution and before the public hearing on the proposed improvement, or at any time after said public hearing; provided, however, that no contract shall be let until after the public hearing has been held to hear remonstrances and oral objections to the proposed improvement. In the event that any part of the work of the improvement is to be done under contract bids, the council shall determine the time and manner of advertisement for bids. Contracts shall be let to the lowest responsible bidder; provided, that the council shall have the right to reject all bids when they are deemed unreasonable or unsatisfactory. The city shall provide for the bonding of all contractors for the faithful performance of any contract let under its authority, and the provisions thereof in case of default shall be enforced by action in the name of the city.
B. If the council finds, upon opening bids for the work of such improvement, that the lowest responsible bid is substantially in excess of the engineer’s estimate, it may, in its discretion, provide for holding a special hearing of objections to the proceeding with the improvement on the basis of such bid. If a special hearing will be held, the council shall direct the city recorder to publish one notice thereof in a newspaper of general circulation in the city. [Ord. 1213 § 7, 2012.]
12.25.080 Assessment.
If the council decides to make the improvement, when the estimated cost thereof is ascertained, the city engineer shall determine the amount of the assessments in accordance with JCMC 12.25.090, to each specially benefited lot or parcel in the improvement district, including a proportionate share of overhead costs, such as the cost of engineering, interest on warrants, advertising, postage and supplies for mailing notices of assessments and bonding. [Ord. 1213 § 8, 2012.]
12.25.090 Method of assessment.
A. The council shall:
1. Use a fair and reasonable method for determining the extent of the improvement district boundaries that is consistent with the benefits derived.
2. Use a fair and reasonable method for apportioning the actual cost or estimated cost of the local improvement among the benefited properties.
B. The council may:
1. Authorize payment by the city of all or any part of the cost of such improvements; provided, that the method selected creates a reasonable relation between the benefits derived by the property specially benefited and the benefits derived by the city as a whole.
2. At any time prior to the effective date of the resolution levying the assessments for any improvement district, modify the method adopted in the resolution forming the improvement district if the council determines that a different method is a more just and reasonable method of apportioning the cost of the project to the properties benefited.
3. Use any other means to finance improvements, including federal or state grants-in-aid, user charges or fees, revenue bonds, general obligation bonds, or any other legal means of finance to pay either all or any part of the cost of the improvements.
C. In establishing a fair and reasonable method for apportioning the actual or estimated cost of local improvements among benefited properties, the council shall rely upon the following guidelines:
1. Individual property owners shall pay for public improvements specially benefiting their property. The determination of benefit shall be made irrespective of whether the property is vacant or the owner elects to connect to the local improvements. Special costs or features of the improvement that benefit a particular parcel of property in a manner peculiar to that parcel shall, together with a share of the overhead for the improvement, be assessed separately against the parcel.
2. Costs of the improvement to be borne by the city shall be excluded from the assessment before apportionment. The city will pay the cost of:
a. Extra capacity improvements when the size of the public improvements required exceeds the minimum standards established in the Junction City design and construction standards, and the project has been included in the city budget document for the fiscal year during which construction of the improvement is scheduled; or
b. Special and unusual costs when the council determines that circumstances exist which warrant city payment of all or a portion of the cost of the public improvements. [Ord. 1213 § 9, 2012.]
12.25.100 Assessment resolution.
If the council determines that the local improvement shall be made when the estimated cost thereof is ascertained on the basis of the contract award or city departmental or other agency cost, or after the work is done and the cost thereof has been actually determined, the council shall determine whether the property benefited shall bear all or a portion of the cost. The recorder or other person designated by the council shall prepare the proposed assessment to the respective lots within the assessment district and file it in the appropriate city office. Notice of such proposed assessment shall be mailed or personally delivered to the owner of each lot proposed to be assessed. The notice shall state the amounts of assessment proposed on that property and shall fix a date by which time written objections shall be filed with the recorder. Any such objection shall state the grounds thereof. The council shall consider such objections and may adopt, correct, modify or revise the proposed assessment and shall determine the amount of assessment to be charged against each lot within the district, according to the special and peculiar benefits accruing thereto from the improvement. Assessments shall be spread by council resolution. [Ord. 1213 § 10, 2012.]
12.25.110 Notice of assessment.
Within 10 days after the resolution levying assessments has been passed, the city recorder shall send by registered or certified mail a notice of assessment to the owner of the assessed property, and shall publish notice of such assessment once a week for two successive weeks in a newspaper of general circulation in the city of Junction City, the first publication of which shall be made not later than 10 days after the date of the assessment resolution. The notice of assessment shall recite the date of the assessment resolution and shall state that, upon the failure of the owner of the property assessed to make application to pay the assessment in installments within 10 days from the date of the first publication of notice, per ORS 223.215, or upon the failure of the owner to pay the assessment in full within 30 days from the date of the assessment resolution, then interest will commence to run on the assessment and that the property assessed will be subject to foreclosure. The mailed notices shall further set forth a description of the property assessed (which description may be by county tax lot numbers only), the name of the owner of the property, and the amount of the assessment. The published notice need only describe the project generally, and need not describe the specific properties assessed or the names of the property owners or the amounts of the assessments. [Ord. 1213 § 11, 2012.]
12.25.120 Lien records and foreclosure proceedings.
After passage of the assessment resolution by the council, the city 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 resolution. 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 shall be superior and prior to all other liens or encumbrances on property insofar as the laws of the state of Oregon permit. Interest shall be charged at a rate to be fixed by resolution, not exceeding 10 percent per annum, until paid, on all amounts not paid within 30 days from the date of such assessment resolution. After expiration of 30 days from the date of such assessment resolution, the city may proceed to foreclose or enforce collection of the assessment liens in the manner provided by the general law of the state of Oregon; provided, however, that 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. 1213 § 12, 2012.]
12.25.130 Errors in assessment calculations.
Claimed errors in the calculation of assessments shall be called to the attention of the city recorder, who shall determine whether there has been an error in fact. If the recorder shall find that there has been an error in fact, the recorder shall recommend to the council an amendment to the assessment resolution to correct such error. Upon enactment of such amendment, the city recorder shall make the necessary correction in the docket of city liens and send a correct notice of assessment by registered or certified mail. [Ord. 1213 § 13, 2012.]
12.25.140 Deficit assessment.
In the event that an assessment shall be made before the total cost of the improvement is ascertained, and if it is found that the amount of the assessment is insufficient to defray the expenses of the improvement, the council may, by motion, declare such deficit and prepare a proposed deficit assessment. The council shall set a time for a hearing of objections to such deficit assessment and shall direct the city recorder to publish one notice thereof in a newspaper of general circulation in the city. After such hearing, the council shall make a just and equitable deficit assessment by resolution, which shall be entered in the docket of city liens as provided by this chapter, and notices of the deficit assessment shall be published and mailed and the collection of the assessment shall be made in accordance with JCMC 12.25.100 and 12.25.110. [Ord. 1213 § 14, 2012.]
12.25.150 Rebates.
If, upon the completion of the improvement project, it is found that the assessment previously levied upon any property is more than sufficient to pay the costs of such improvements, then the council must ascertain and declare the same by resolution. When so declared, the excess amounts must be entered on the lien docket as a credit upon the appropriate assessment. In the event that any assessment has been paid, the person who paid the same, or his legal representative, shall be entitled to the repayment of such rebate credit, or the portion thereof which exceeds the amount unpaid on the original assessment. [Ord. 1213 § 15, 2012.]
12.25.160 Abandonment of proceedings.
The council shall have full power and authority to abandon and rescind proceedings for improvements made under this chapter at any time prior to the final completion of such improvements. If liens have been assessed upon any property under such procedure, they shall be canceled, and any payments made on such assessments shall be refunded to the person paying the same, his assigns or legal representatives. [Ord. 1213 § 16, 2012.]
12.25.170 Curative provisions.
No improvement assessment shall be rendered invalid by reason of a failure of the engineer’s report to contain all of the information required by JCMC 12.25.020, or by reason of a failure to have all of the information required to be in the improvement resolution, the assessment resolution, the lien docket or notices required to be published and mailed, nor by the failure to list the name of, or mail notice to, the owner of any property as required by this chapter, or by reason of any other error, mistake, delay, omission, irregularity, or other act, jurisdictional or otherwise, in any of the proceedings or steps herein specified; unless it appears that the assessment is unfair or unjust in its effect upon the person complaining; and the council shall have the power and authority to remedy and correct all such matters by suitable action and proceedings. [Ord. 1213 § 17, 2012.]
12.25.180 Reassessment.
Whenever any assessment, deficit or reassessment for any improvement which has been made by the city has been, or shall be, set aside, annulled, declared or rendered void, or its enforcement restrained by any court of this state, or any federal court having jurisdiction thereof, or when the council shall be in doubt as to the validity of such assessment, deficit assessment, or reassessment, or any part thereof, then the council may make a reassessment in the manner provided by the laws of the state of Oregon. [Ord. 1213 § 18, 2012.]
12.25.190 Remedies.
Subject to the curative provisions of JCMC 12.25.170 and the rights of the city to reassess as provided in JCMC 12.25.180, proceedings for writs of review and suits in equity may be filed no later than 60 days after the passage by the council of the resolution spreading the assessment; providing that the property owner shall have filed a written objection to the proposed assessment as provided in JCMC 12.25.060, and shall not have paid the assessment or signed an application to pay the assessment in installments. Such property owner may commence a suit for equitable relief based on a total lack of jurisdiction on the part of the city. If notice of the improvement was not sent to the owner, and if the owner did not have actual knowledge of the proposed improvement prior to the hearing, then the owner may file written objections alleging lack of jurisdiction with the recorder within 30 days after receiving notice or knowledge of the improvement. No provision of this section shall be construed so as to lengthen any period of redemption, or so as to affect the running of any statute of limitation or equitable defense, including laches. Any proceeding on a writ of review or suit in equity shall be abated if proceedings are commenced and diligently pursued by the city to remedy or cure the alleged errors or defects. [Ord. 1213 § 19, 2012.]