Chapter 12.08 PUBLIC IMPROVEMENTS

The city adopts by reference the construction standards set forth by the Oregon Section of the American Public Works Association, the American Water Works Association and, when applicable, the Uniform Building Code and Oregon Plumbing Code. Where conflicting standards arise between the above institutions, then the more restrictive shall apply. (Ord. 847 Art. 3, 1987)

Article II. Public Improvement Procedures

12.08.020 City Charter authority.

Improvements to street, sewer, water, storm sewer, sidewalks, and such other improvements as may be deemed necessary by the council, shall be made in accordance with Chapter IX of the City Charter. (Ord. 847 Art. 1 § 1, 1987)

12.08.030 Initiation of proceedings.

A. Initiation. Initiation of a public improvement to be paid for in whole or in part by special assessment according to benefits, may be made in one of two ways:

1. Council Initiative. The city council may, by its own motion, deem it necessary that a public improvement be made. The council shall base its motion on findings of fact and conclusions thereof which explain to the affected property owners why the decision was made to initiate the public improvement;

2. Petition by Property Owners. Upon petition of the owners of one-half of the property to benefit specially from the improvement.

B. Verification of Petition. The city engineer shall verify that the petitioners’ signatures are valid, complete, and constitute at least one-half of the property to be benefitted. For the purpose of verification, the city engineer shall determine the basis of proportioning an assessment according to benefits, and use such to calculate the ratio of petitioners’ property to all specially benefitted property.

C. Time for Consideration. The city engineer shall have a maximum of 30 days to bring any valid improvement petition before the city council. Notice of the council’s meeting to consider the petition shall be sent to the petitioners by regular mail.

D. Council Consideration of Petition or Council Motion. Upon council initiative or presentation of a valid petition, the council shall direct the city engineer to make a survey and written report of such project, and file the same with the city recorder. If the council decides the petition is invalid, notification of such to the petitioners shall be sent by regular mail within 10 days. Findings explaining the council’s decision shall be provided in the notice. (Ord. 847 Art. 1 § 2, 1987)

12.08.040 City engineer’s report – Contents.

Unless the council shall direct otherwise, the city engineer’s report shall contain the following:

A. A vicinity plan showing the general nature, location and extent of the proposed improvement, including the boundaries of the land to be assessed;

B. Plans and specifications 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 and 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 benefitted 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 benefitted;

F. A reference to the parcels of land to be assessed. Reference may be made by assessor’s number, tax lot, deed, or description. Names of the record holders thereof and names of contract purchasers shall also be provided;

G. The recommended assessment cost to each specially benefitted property. (Ord. 847 Art. 1 § 3, 1987)

12.08.050 Notice of public meeting.

A. Upon completion of the engineer’s report, the city recorder shall give notice of such improvement as follows:

1. Posting of the notice in three places in the immediate vicinity of the affected area;

2. Publication of two notices, one week apart, in a newspaper of general circulation in the city;

3. Mailing of copies of such notice, including certain engineer’s report information, by certified mail to the owners to be assessed for the cost for such improvement.

B. Published and posted notices shall contain the following:

1. A statement that the report of the city engineer is on file in the office of the city recorder and is subject to public examination;

2. A statement that the council will hold a public hearing on the proposed improvement on a specified date, which shall not be earlier than 10 days following the first publication of the notice;

3. A statement that public testimony, objections and remonstrances shall be received at the council hearing, and if at such hearing there are presented to the recorder valid remonstrances by the owners of assessed land which will bear 66.66 percent of the estimated assessment cost of the improvement, the improvement will be abandoned and not reinstated for at least six months;

4. A description of the property or tax account number or assessment number to be specially benefitted by the improvement;

5. Identification of the owners of such property;

6. The method of assessment;

7. The total cost of the improvement to be paid.

C. Notices mailed to property owners affected shall contain the same information provided in published and posted notices, along with the following:

1. A vicinity plan showing the general nature, location and extent of the improvement, including boundaries of the land to be assessed;

2. The city engineer’s estimate of the unit cost and total cost of the improvement to each specially benefitted property. (Ord. 847 Art. 1 § 4, 1987)

12.08.060 City engineer’s report – Hearing.

A. The city council shall hear public testimony and submitted remonstrances at the public hearing. Improvement remonstrances are considered valid only when signed by affected property owners and presented to the city recorder at or prior to the public hearing, or when orally presented by the affected property owners, or their agents, at the public hearing. If valid remonstrances represent 66.66 percent or more of the estimated assessed cost of the improvement, the improvement will be abandoned and not reinstated for at least six months.

B. If valid remonstrances represent less than 66.66 percent of the estimated assessment cost of the improvement, then, on the basis of the hearing or other findings, the council will by motion, at the time of the hearing or within 60 days thereafter, order the improvement to be carried out in accordance with a resolution. During the public hearing, the council may, by motion, modify the improvement or require the city engineer to supply additional or different information for such improvement. All such modifications and additional or different information shall allow subsequent public hearing testimony by the affected property owners or their agents. (Ord. 847 Art. 1 § 5, 1987)

12.08.070 Construction – Authorized agencies.

The council shall provide in the improvement resolution that the construction work be done by one of the following:

A. Private contractor through competitive bids;

B. City of Silverton forces;

C. Another governmental agency;

D. Any combination thereof. (Ord. 847 Art. 1 § 5, 1987)

12.08.080 Construction – Notice to property owner.

Affected property owners shall be sent notice by regular mail of the council’s decision within 20 days of the decision. The notice shall include amended material, as dictated in SMC 12.08.060 through 12.08.080. (Ord. 847 Art. 1 § 5, 1987)

12.08.090 Construction – Call for bids.

The council, at its discretion, may direct the city recorder to advertise for competitive bids for construction of all or any part of the improvement project. No contract shall be let until after the public hearing has been held to hear remonstrances to the proposed improvement. The council shall determine the time and manner for advertisement for bids. The council shall award the construction contract to the lowest responsible bidder; provided, that the council shall have the right to reject all bids when they are deemed unreasonable and/or unsatisfactory. In addition, the council reserves the right to reject any or all bids not conforming with the bid specifications, and to waive any informalities in the bidder’s proposal. (Ord. 847 Art. 1 § 6, 1987)

12.08.100 Construction – Bond requirements.

The city shall require bonding, product guarantee and prequalification of all contractors. Bonding shall be for the faithful performance of any contract let under its authority. The provisions thereof, in case of default, shall be enforced by action in the name of the city of Silverton. (Ord. 847 Art. 1 § 6, 1987)

12.08.110 Construction – Special hearing on bids.

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, at its discretion, provide for holding a special hearing of objections. The city engineer shall publish one notice thereof in a newspaper of general circulation in the city. Affected property owners shall be sent, by certified mail, one copy of such notice at least 10 days prior to the hearing. (Ord. 847 Art. 1 § 6, 1987)

12.08.120 Assessments – Made by ordinance.

Following the public hearing forming the local improvement district, the city council may elect to immediately pass an ordinance assessing the various benefiting lots, or delay the assessment ordinance until the contract for the work is let and/or completed.

In the event the council elects to pass the assessment ordinance when costs for the improvement are known, the following process shall be employed.

A. When the improvement has been completed, the cost shall be determined by adding to the contract price of the work or, if not contracted, the city work crew cost of the work, the cost of right‑of‑way, condemnation expenses, cost of engineering, supervision, inspection, advertising, legal expenses, and any other necessary and proper expenses, which costs and expenses shall be a part of the amounts to be assessed to the benefited properties.

B. The final report of the above costs shall be submitted to council, and when the final report has been approved by motion of council, the engineering staff of the city of Silverton shall prepare a proposed assessment roll ordering and describing each lot to be assessed, with the names of the owners, and shall levy against those lots in a manner directed by council and provisions of ordinances applicable to special assessments. The proposed assessment roll shall be submitted for the approval of the city manager. The city manager may require the engineering staff to make any changes or modifications in the proposed assessment roll. When the proposed assessment roll has been approved by the city manager, she or he shall file it with the city recorder and refer it to council for review, modification, acceptance or rejection by council.

C. When the proposed assessment roll is received for filing council shall publish a notice of the time and place of a public hearing in a newspaper of general circulation published in the city at least 10 days before the public hearing. The notice shall state that at the public hearing council will, at a stated time and place, consider oral and written remonstrances to the proposed assessment roll, and that written remonstrances should be filed with the city recorder prior to the public hearing. This notice shall state that within 30 days after council passage of the ordinance confirming the assessment roll, the owner of the assessed properties may file with the city recorder, on a form provided for the purpose, an application to pay the assessment in whole or in part on an installment basis, as provided by the Bancroft Bonding Act, ORS 223.205 to 223.300, which is hereby adopted by reference and made a part of this section. This notice shall also state that, if the assessment is not eligible under the provisions of the Bancroft Bonding Act, or if the owner of the assessed property does not apply to use the installment basis, all or part of the assessment shall be excluded from the installment payment procedure and shall be paid in full by cash within 30 days of the date of entry in the unbonded lien docket.

D. The city recorder shall, at least 10 days before the public hearing, mail a notice to each owner of property to be assessed, which notice shall be deposited in the post office in the city, postage prepaid, addressed to such owners at their last known address. If the address of the owner is unknown to the recorder, she or he shall mail the notice to the owner or his or her agent at the address where the property to be assessed is located. The mailed notice shall show the amount proposed to be assessed to the addressee, owner or property proposed to be assessed.

E. The council shall hold a public hearing on the proposed assessment roll at the time and place stated in the notice of public hearing. Council may continue the hearing. After hearing the remonstrances, if any, council may refer the proposed assessment roll to the city manager for correction or adjustment, or may make corrections or adjustments, and shall pass an assessment ordinance confirming the assessment roll, including any corrections or adjustment, providing for the assessment of the benefited properties, and for the apportionment of the assessment to the individual lots within the local improvement district.

F. Immediately after council has approved the assessment ordinance, the city manager shall enter the assessments in the city unbonded lien docket, which assessments shall be a lien and charge upon the respective lots against which they are placed. Such liens shall be first and prior to all other liens or encumbrances insofar as the laws of Oregon allow. (Ord. 03-110 § 1, 2003; Ord. 847 Art. 1 § 7, 1987)

12.08.130 Assessments – Methods authorized.

The city council, in adopting a method of assessment of the costs of the improvement, may:

A. Use any just and reasonable method of determining the extent of any improvement district consistent with the benefits derived;

B. Use any method of apportioning the sum to be assessed as is just and reasonable between the properties determined to be specially benefitted;

C. Authorize payment by the city of all or any part of the cost of any such improvement when, in the opinion of the council, the topographical or physical conditions, or unusual or excess public travel, or other character of the work involved, warrants only a partial payment or no payment by the benefitted property of the costs of the improvement. (Ord. 847 Art. 1 § 7, 1987)

12.08.140 Other financing methods.

Nothing contained in this chapter shall prohibit the council from using any other available means of financing improvements. In the event that such other means of financing improvements is used, the council may, at its discretion, levy special assessments. The assessments would be according to the benefits derived, to cover any remaining part of the cost of the improvement. (Ord. 847 Art. 1 § 7, 1987)

12.08.150 Assessments – Notice to property owner.

A. Within 10 days after the ordinance levying assessments has been passed, the city recorder shall send, by certified mail, a notice of assessment to the owner of the assessed property.

B. The notice of assessment shall contain:

1. The date of the assessment ordinance;

2. A statement that, upon 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 receipt of notice or the first publication of same, or upon failure of the owner to pay the assessment in full within 30 days from the date of the assessment ordinance, then interest will commence to run on the assessment, and the property assessed will be subject to foreclosure;

3. A description of the property assessed;

4. The name of the owner of the property assessed;

5. The amount of assessment.

C. Any mistake, error, omission or failure with respect to such mailing shall not be jurisdictional or invalidate the assessment proceedings. (Ord. 847 Art. 1 § 7, 1987)

12.08.160 Assessments – Installment payments.

At any time within 10 days after receipt of notice of assessment, or the first publication of the same, the property owner liable for such assessment may file with the city finance director a written application to pay the assessment in installments. The application shall state that the applicant (property owner) does hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings or construction of the public improvement for which the assessment is levied, and in the apportionment of the cost thereof. The application shall provide that the applicant (property owner) agrees to pay the assessment in 20 semi-annual installments, including interest charges on the unpaid balance of the assessment. The application shall also contain a description of the property assessed for such public improvement, and contain such further information as the council may request. An application may be denied, as provided herein, by the city’s director of finance, if the assessment, together with any previous assessments and remaining unpaid, equals or exceeds the valuation of the property as shown on the tax roll for Marion County. (Ord. 847 Art. 1 § 7, 1987)

12.08.165 Assessments – Installment payments – Application for semi-annual payments.

The city may allow the assessment described hereinabove to be paid in 40 semi-annual installments. The application for payment in 40 semi-annual installments shall set forth the reasons therefor and that it is in the best interest of the city taking into consideration the need of the city for such improvement, the city’s desire for such improvement and any other factors the city council may require. It is the exception rather than the rule that 40 semi-annual payments are allowed and the council shall make a determination that the allowance of the 40 semi-annual payments is in the best interest of the city. (Ord. 93-113 § 1, 1993)

12.08.170 Assessments – Interest rate.

Interest on all outstanding assessments shall be charged at a rate of one percent per year over and above whatever the city is required to pay for its construction warrants in any particular year, but in no event more than is authorized under the laws of the state. (Ord. 847 Art. 1 § 7, 1987)

12.08.180 Assessments – Appeal procedure.

Subject to the curative provisions of this code and the rights of the city to reassess, proceedings for writs of review and suits in equity may be filed not earlier than 30 days nor later than 60 days after the filing of written objections as provided herein. A property owner who has filed written objections with the city recorder prior to the public hearing may have the right to apply for a writ of review based upon the city council exercising its functions erroneously or arbitrarily or exceeding its jurisdiction to the injury of some substantial right of such owner, if the facts supporting such claim have been specifically set forth in the written objections. A property owner who has filed written objections with the city recorder prior to the public hearing may commence a suit for equitable relief based upon a total lack of jurisdiction on the part of the city; and if notice of the improvement shall not have been 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 city recorder within 30 days after receiving notice or knowledge of the improvement. No provision of this section shall be construed to lengthen any period of redemption or so as to affect the running of any statute of limitation. Any proceeding on a writ of review or suit in equity shall be abated if proceedings are commenced and diligently pursued by the city council to remedy or cure the alleged errors or defects. (Ord. 03-110 § 2, 2003; Ord. 847 Art. 1 § 8, 1987)

12.08.190 Assessment liens – Recordation.

A. Upon passage of the assessment ordinance by the council, the city recorder shall enter the amount assessed in the docket of city liens. Information placed in the docket is as follows:

1. Statement of amounts assessed upon each particular lot;

2. Parcel of land or portion thereof;

3. Description or tax lot or assessor’s number;

4. Name of property owners;

5. Date of the assessment ordinance.

B. Upon such entry in the lien docket, the amount so entered shall become a lien and charge upon the respective lots, parcels or land, or portions thereof, which have been assessed for such an improvement. All assessment liens of the city shall be superior and prior to all other liens and encumbrances on property insofar as the state permits. (Ord. 847 Art. 1 § 9, 1987)

12.08.200 Assessment liens – Foreclosure.

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 the general law of the state. The city may, at its option, enter a bid for the property being offered at a foreclosure sale. The bid shall be prior to all bids except those made by persons who would be entitled under the laws of the state to redeem such property. (Ord. 847 Art. 1 § 9, 1987)

12.08.210 Assessments – Errors and corrections.

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 ordinance to correct such an error, and 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. 847 Art. 1 § 10, 1987)

12.08.220 Deficit assessments.

A. In the event the assessment is found to be insufficient to defray the expenses of the improvement, the council may, by motion, declare such deficit and prepare a proposed deficit assessment. Upon declaring such a motion, the council shall:

1. Set a time for a hearing of objections;

2. Direct the city recorder to publish one notice thereof in a newspaper of general circulation in the city;

3. Direct the city recorder to mail copies of such notice by certified mail to the owners to be assessed for the additional costs of the improvement.

B. After such hearing, the council shall make a just and equitable deficit assessment by ordinance, which shall be entered in the docket of city liens as provided by this chapter.

C. Notices of the deficit assessment shall be published and mailed, and the collection of assessments shall be made in accordance with SMC 12.08.120 through 12.08.170, 12.08.190 and 12.08.200. (Ord. 847 Art. 1 § 11, 1987)

12.08.230 Rebates.

If, upon completion of the improvement project, it is found that the assessment previously levied upon any property is more than sufficient to pay the cost of such improvements:

A. Council must ascertain and declare the same by ordinance;

B. The excess amounts must be entered on the lien docket as a credit upon the appropriate assessment;

C. Any person(s) having previously paid such assessments shall be entitled to repayment of such rebate credit. (Ord. 847 Art. 1 § 12, 1987)

12.08.240 Abandonment of proceedings.

The council shall have full power and authority to abandon and rescind proceedings from 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, the properties benefitted by the improvement shall be liable for the cost of the actual completed portions of the improvement. (Ord. 847 Art. 1 § 13, 1987)

12.08.250 Assessments – Curative provisions.

A. No improvement assessment shall be rendered invalid by reason of any of the following:

1. Failure of the engineer’s report to contain all of the information required by SMC 12.08.040;

2. Failure of any of the following to have all of the information required:

a. Improvement resolution,

b. Assessment ordinance,

c. Lien docket,

d. Notices required to be published,

e. Notices to be mailed,

f. Failure to list the name of or mail notice to the owner of any property as required;

3. Any other error, mistake, delay, omission, irregularity or other act, jurisdictional or otherwise, in any of the proceedings or steps herein specified.

B. Improvement assessments may be ruled invalid if the assessment is unfair or unjust in its effect upon the person complaining. The council shall have the power and authority to remedy and correct all such matters by suitable action and proceedings. (Ord. 847 Art. 1 § 13, 1987)

12.08.260 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 the 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. (Ord. 847 Art. 1 § 13, 1987)

12.08.270 Waivers to the right of remonstrance.

Any property owner or agent thereof applying for a permit to construct a new building, for the purpose of habitation or commercial or industrial business, in any area of the city lacking adequate public improvements such as street, storm drain, sidewalk, water or sewer, as determined by the city engineer, shall, as a condition of receiving said permit, waive their right to remonstrate against such future public improvements benefiting the property for which the permit is requested. In the event the area has any combination of sewer, water, storm drain, sidewalk or street improvement, but lacks one or more of these improvements, then waivers for the deficient improvement(s) shall be required before issuance of the permit. All such improvement waivers shall be given as a covenant to and with the city, and such shall be taken to run with the property affected. See SDC 3.4.700 for the requirement of waivers for land use actions and exemptions thereof. (Ord. 90-112 § 4, 1990; Ord. 847 Art. 1 § 14, 1987)

12.08.280 Engineering fees.

In order to defray the cost of engineering services needed to produce the improvement, an engineering fee shall be included as part of the improvement assessment. Engineering may be done in whole or in part by the city, by a contract, or by any other governmental agency, or by any combination thereof. Where engineering fees are to be split among the different organizations performing the work, the rates shall be as agreed upon by the council prior to proceeding with the work. Where the city will perform all engineering services for the improvement, the fee schedule is as called for in the fees resolution section in effect at the time an engineer’s report is initiated by council motion. (Ord. 847 Art. 1 § 15, 1987)

Article III. Alternative Improvement Procedure

12.08.290 Initiation when improvements paid in cash.

In a case where a property owner wishes to make improvements within a city right-of-way which will benefit his or her property, and desires to do so at his or her own initial expense, the owner may initiate the improvement by petition to the city council by way of the city engineer. (Ord. 97-109 Art. 3 § 1, 1997)

12.08.300 Plans required – Contents.

A. The property owner or agent of the property owner shall provide the city engineer with a written construction plan completed by a registered engineer representing the owner/agent. The city engineer shall review the plans prior to presenting them to the city council, and may require additional information, as needed, to provide for a viable improvement.

B. Plans shall contain the minimum following information:

1. The proposed improvement, in detail sufficient for construction by a typical contractor, and in conformance with existing city design and construction standards;

2. Dimensioned property and easement lines, and ownerships within the affected area;

3. Existing street name(s) and the width and zoning of adjacent property;

4. A maximum horizontal scale of one inch equals 40 feet, and a vertical scale of one inch equals two feet;

5. A vicinity map;

6. North arrow and title block;

7. Engineer’s registration stamp;

8. Location of existing public and private utilities;

9. Location of any drainage ways. (Ord. 847 Art. 2 § 2, 1987)

12.08.310 Approval – Bond or deposit required.

Upon approval of the proposed improvement by the city council, the property owner/agent shall ensure the completion of the improvement by providing one of the following to the city prior to the start of construction:

A. Surety bonding through a surety company authorized to do business in the state in an amount equal to the total improvement costs as estimated by the city engineer. The bond shall be in a form approved by the city attorney;

B. A deposit of funds with either the city manager or licensed escrow agent or trust company, subject to approval of the city council, in an amount equal to the total improvement costs as estimated by the city engineer. If a cash deposit is made, the agreement may provide that portions of that deposit may be released to the property owner as the extent of progress is certified by the city engineer. (Ord. 847 Art. 2 § 3, 1987)

12.08.320 Property owner’s responsibilities.

A. The property owner shall insure the finished improvement against poor materials and/or workmanship for not less than one year by providing the city either a surety bond or cash deposit of not less than 20 percent of the total improvement costs for the period of one year. If the property owner fails to carry out the improvement and the city has unreimbursed costs or expenses resulting from such failure, the city may call on the measure of assurance provided for reimbursement. If the amount of the city-held assurance exceeds the costs and expenses incurred by the city, the city shall release the remainder. If the amount of the city-held assurance is less than the cost and expense incurred by the city, the property owner shall be liable to the city for the difference.

B. The city engineer shall be the city’s representative, and as such perform inspection of all improvement construction on city right-of-way. All construction shall conform to the city’s standards. If the city engineer determines that the city standards are not being met, then the city engineer shall require the changes necessary, and may stop construction if such changes are not effected.

C. An engineering inspection fee shall be paid to the city by the property owner starting any improvement construction. The fee shall be based on the city engineer’s estimate of the total improvement cost, and charged at the rate specified for subdivision improvements stipulated by the Silverton fee resolution.

D. The property owner or agent of the property owner shall be responsible for the conduct of all work within the public rights-of-way, and shall indemnify, defend and save harmless the city from and against all losses and all claims, demands, payments, suits, actions, recoveries and judgements of every nature by reason of any act or omission of the property owner, or employees or agents, in the execution of the work. The property owner shall conform with all provisions of appropriate city ordinances, as well as complying with the appropriate regulations and statutes of all other governing entities in the state.

E. The property owner or agent therefor shall maintain and show proof of public liability insurance against death or injury to persons, or damage to property, in the performance of their duties while working in any city right-of-way or easement. The type and amounts of insurance will protect the contractor and owner from all claims, and will be found in the Silverton fee resolution. (Ord. 847 Art. 2 § 4, 1987)

12.08.330 Cost reimbursement conditions.

A. Upon approved construction of a public improvement to the water system, the property owner paying for such, or the property owner’s assignee, shall have the right to receive reimbursement from such other property owners receiving a new service directly from the improvement. Reimbursement shall be through the city and shall be a proportionate share as determined by the water and sewer ordinances in effect.

B. Upon approved construction of a public improvement to the sanitary sewer system, the property owner paying for such, or the property owner’s assignee, shall have the right to receive reimbursement from such other property owners receiving new service directly from the improvement.

C. Upon approved construction of public improvements to a public street, including, curbs and/or paving, the property owner, or the property owner’s assignee, shall have the right to receive reimbursement from such other owner of undeveloped, or valid street improvement waivered property that both directly fronts and also would have direct benefit from these improvements upon development. Direct benefit from a public street improvement shall be constituted by direct access by way of a driveway curb cut. Said reimbursement shall, either be required upon development, or as provided in any valid street improvement waiver affecting said benefitted property.

D. Upon approved construction of a public improvement to the city storm drain system, the property owner paying for such, or the property owner’s assignee, shall have the right to receive reimbursement from such other property owners receiving a direct benefit from the new storm drain improvement. Direct benefit from a public storm drain shall be constituted when stormwater from the property affected enters the storm drain piping system improvement by way of a direct pipeline connection from the benefitting property.

E. Where the city’s zoning code requires a public notification or public hearing as part of any land use action that will require public infrastructure improvements, the city shall include notice of potential reimbursement assessment in such notice and to all properties in the notification areas specified. Where other code provisions do not require public notification or public hearing, the city shall provide notice by mail to all property owners immediately adjacent to the improvement being initiated by this method and prior to any construction.

F. “Development” means the construction of a main use building where no such use has existed for three or more years on the property affected herein.

G. The property owner requesting reimbursement for any public improvements included herein shall request such in writing to the city within 60 days of final completion of work as accepted by the city and, shall provide such documentation as determined necessary by the city engineer to verify actual construction and engineering costs of said improvement. The city engineer shall prepare an assessment distribution based on the city’s current code for special assessments of public improvements. Notice of potential assessment shall be sent to each affected property giving the city engineer’s estimate of the reimbursement amount upon receipt of the aforementioned letter requesting reimbursement. The reimbursement assessment amount will be set by the city council by resolution, as soon as practical. The council approved assessment amounts for each property shall be recorded by the city as a lien on each affected property. Failure to give notice to the city within 60 days of final completion shall void any right for reimbursement as provided for in this section.

H. This reimbursement policy shall continue for 10 years from the date that improvement bonding or other security, as provided by city code, is received and then end.

I. Reimbursement shall be through the city and shall be in the amount proportionate to the benefit received as determined by SMC 12.08.130. Only in the case of sewer improvements, where currently developed but unserved property connects to the sewer line, said property shall be allowed to finance all assessable sewer improvements costs by installment payments to the city as per SMC 12.08.165. In the case of sewering only, property owners choosing to connect to the available public sewer at the time of initial construction by another developer, or the city, interest shall not accrue if the term for repayment is 10 years or less. However, should any payments during the payment term be determined to be late or deficient in meeting the requirements of SMC 12.08.165, interest shall thereafter accrue at the same rate as the most current rates of the city. All other public improvement reimbursements shall be by payment in full to the city within 30 days of receipt of notification of assessment invoice from the city. Reimbursement to a developer shall be upon receipt of payments, only. The city shall use similar methods for reimbursement collections as provided in this section of the code, including assessment liens recording and foreclosure.

J. Where a public improvement qualifies for both credits and reimbursement pursuant to Chapter 13.70 SMC and this section, respectively, the developer shall assign to the city any right for reimbursement for which a developer has redeemed system development charge credits. The city shall only collect reimbursement for that portion of the improvement up to and including the city standard for size or capacity appropriate for the respective property owner’s usage, as determined by the city manager or his designee. All provisions of this assignment, including time limits, shall follow the original developers reimbursement approval.

K. Where the city constructs a new public improvement with city funds, the provisions of this section for reimbursement shall accrue with the city in the same manner as for a developer completing such improvements. (Ord. 98-122 § 1, 1998; Ord. 98-109 § 1, A, 1998)

Article IV. General Requirements

12.08.340 As-built drawings required for public improvements.

The engineer of any improvement to be maintained or to come under the control of the city shall furnish the city upon completion of construction, a complete set of as-built drawings prior to city acceptance of the improvements. Said drawings shall be made on archivable material suitable for reproduction, at least 24 inches by 36 inches in size with graphic and text information made with permanent black India type ink or silver halide permanent photocopy. If the drawings are produced on a Computer Aided Drafting (CAD) system, the engineer shall submit the drawings on computer disc to the city in a format acceptable for inclusion into the city’s CAD system. The city engineer shall approve and maintain a file of all as-built drawings.

“As-built” drawings are defined as engineering drawings completed after construction of an improvement to reflect the location and materials utilized in construction of the facility. In addition, it shall also include identification of surface and underground natural features (rock, ditches, groundwater, etc.) and manmade features (utility lines, improvements, etc.) encountered during construction. (Ord. 90-118 § 2, 1990)