Chapter 3.10 PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS

(1) “Improvement district” means that portion of land affected by a local improvement for which assessments are being apportioned and which includes all benefited property.

(2) “Local improvement” has the meaning as set forth in ORS 310.140(9). (Ord. 558 § 1, 2020; Ord. 475 § 1, 2007)

3.10.020 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 specifically from the improvement, to make any street, sewer, sidewalk, drainage, water line or other public improvement to be paid for in whole or in part by special assessment according to benefits, then the city 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 administrator or designee. Unless the city council shall direct otherwise, such report shall contain the following matters:

(1) A map or plat showing the general nature, location and extent of the proposed improvement and the properties to be assessed for the payment of any part of the cost thereof;

(2) 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 city engineer may adopt the plans, specifications or estimates of such agency;

(3) An estimate of the probable cost of the improvement including any legal, administrative and engineering costs attributable thereto;

(4) An estimate of the unit cost of the improvement to the specifically benefited properties;

(5) 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 specifically benefited;

(6) The Lane County map and tax lot numbers and assessed value of each lot, parcel of land, or portion thereof, to be specifically benefited by the improvement with the names of the owners of record thereof and, when readily available, the names of the contract purchasers thereof;

(7) A statement of outstanding assessments against property to be assessed. (Ord. 558 § 1, 2020; Ord. 475 § 2, 2007)

3.10.030 City council’s action on city engineer’s report.

After the city engineer’s report shall have been filed with the city administrator or designee, the city council may thereafter by motion approve the report, modify the report and approve it as modified, require the city engineer to supply additional or different information for such improvements, or it may abandon the improvement. (Ord. 558 § 1, 2020; Ord. 475 § 3, 2007)

3.10.040 Resolution and notice of hearing.

After the city council shall have approved the report as submitted or modified, the city 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 city recorder to give notice of such improvement by two publications one week apart in a newspaper of general circulation within the city of Veneta and by mailing copies of such notice by registered or certified mail to the owners of record to be assessed for the payment of any part of the costs thereof of such improvement, which said notice shall contain the following matters:

(1) That a written report on the improvement is on file at the administration center of the city of Veneta and is available for public examination;

(2) That the city 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 city 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 or two-thirds of the front footage of the property to be specifically assessed for 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 city council to be needed at once because of an emergency;

(3) A description of the property to be specifically benefited by the improvement (which description may be by Lane County map and tax lot numbers only), the owners of such property, and the estimate of the unit cost of the improvement to the benefited property, and the total cost of the improvement to be paid by assessments to benefited properties. (Ord. 558 § 1, 2020; Ord. 475 § 4, 2007)

3.10.050 Manner of doing work.

The city council may provide in the improvement resolution that the construction work may be done in whole or in part by the city of Veneta or by a contract, or by any other governmental agency, or by any combination thereof. (Ord. 558 § 1, 2020; Ord. 475 § 5, 2007)

3.10.060 Hearing.

At the time of the public hearing on the proposed improvement, if the written remonstrance shall represent less than the amount of property owners 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 remonstrance and oral objections, if any, the city 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 city council may, on its own motion, abandon the improvement. When the city 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. 558 § 1, 2020; Ord. 475 § 6, 2007)

3.10.070 Call for bids.

(1) The city council may, at its discretion, direct the city recorder or other authorized person to advertise for bids for construction of all or any part of the improvement project on the basis of the city council-approved city 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 remonstrance 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 contracts shall be let to the lowest responsible bidder; provided, that the city 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 of Veneta.

(2) If the city council finds, upon opening bids for the work of such improvement, that the lowest responsible bid is substantially in excess of the city engineer’s estimate, it may, in its discretion, provide for holding a special hearing of objections to proceeding with the improvement on the basis of such bid, and it may direct the city recorder to publish one notice thereof in a newspaper of general circulation in the city of Veneta. (Ord. 558 § 1, 2020; Ord. 475 § 7, 2007)

3.10.080 Assessment amount.

If the city 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 VMC 3.10.090, to each specifically 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. 558 § 1, 2020; Ord. 475 § 8, 2007)

3.10.090 Method of assessment.

(1) The city council shall:

(a) Use a fair and reasonable method for determining the extent of the improvement district boundaries that is consistent with the benefits derived.

(b) Use a fair and reasonable method for apportioning the actual cost or estimated cost of the local improvement among the benefited properties.

(2) The city council may:

(a) 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 specifically benefited and the benefits derived by the city as a whole.

(b) At any time prior to the effective date of the ordinance levying the assessments for any improvement district, modify the method adopted in the resolution forming the improvement district if the city council determines that a different method is a more just and reasonable method of apportioning the cost of the project to the properties benefited.

(c) Use any other means to finance improvements, including federal or state grants, 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.

(3) In establishing a fair and reasonable method for apportioning the actual or estimated cost of local improvements among benefited properties, the city council shall rely upon the following guidelines:

(a) Individual property owners shall pay for public improvements specifically 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.

(b) 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:

(i) Extra capacity improvements when the size of the public improvements required exceed the minimum standards established in the specifications and standards for construction of public improvements adopted in accordance with Chapter 13.30 VMC, and the project has been included in the city budget document for the fiscal year during which construction of the improvement is scheduled; or

(ii) Special and unusual costs when the city council determines that circumstances exist which warrant city payment of all or a portion of the cost of the public improvements.

(4) In establishing a fair and reasonable method for apportioning actual or estimated costs of local improvements among benefited properties, the city council may, but in no way is required to, rely upon the following guidelines:

(a) Improvement Costs of Streets. Street improvement costs may include all improvements required or as established by the improvement district from right-of-way to right-of-way. Such improvements shall meet the minimum standards adopted under Chapter 13.30 VMC and may include improvement components associated with the street, including but not limited to:

(i) Complete street structure;

(ii) Gutters, catch basins, inlets and other street stormwater improvements;

(iii) Curbs;

(iv) Sidewalks;

(v) Driveways and other access means;

(vi) Lighting; and

(vii) Painting, striping, signals and signage.

Costs shall be applied on a per linear foot basis, unless otherwise directed by the city council or as interpreted in subsection (4)(h) of this section. Where a property owner requests or requires supplemental approach construction, the costs associated with that additional construction shall be assessed to that individual property owner.

(b) Improvement Costs of Sidewalks. Parcels abutting a sidewalk shall be liable for a proportionate share of the cost of the sidewalks, based on the front footage of the parcel abutting the sidewalk. Where, however, the city council finds that construction of a sidewalk on both sides of the street is unnecessary or infeasible, the cost of the sidewalk on one side of the street may be assessed to both the parcels abutting the sidewalk and the parcels on the opposite side of the street from the sidewalk.

(c) Improvement Costs of Surface Water Management. The cost to be assessed shall be apportioned to each parcel within the improvement district on the basis of its land area that contributes to or otherwise directly benefits from the city’s drainage system.

(d) Improvement Costs of Water and Sewer Lines.

(i) The properties specifically benefited by a sewer main or water pipe shall bear the cost of the system up to and including eight inches of pipe diameter. These costs shall be apportioned to each parcel on the basis of a cost per square foot of benefited property, determined by dividing the total system cost by the total improvement district area.

(ii) In addition to main or pipe costs, each property benefited by a sewer main or water pipe shall be considered to have at least one service line connection point. If more than one service line connection point is provided for a benefited parcel, it shall be assessed for the actual number of service line connection points. All costs related to the service lines, including overhead costs, shall be divided by the total number of service line connection points to determine the cost per service line connection point.

(e) Corner Lots. Corner lots may be exempted from an assessment for the first 100 feet of frontage on the side abutting a local improvement, or for the full length of the side abutting the improvement, whichever is shorter, if one or more of the following conditions exist and the city council grants an exemption:

(i) The local improvement is required to serve a new subdivision or new development, the corner lot is located outside the subdivision or development, and the corner lot will receive no benefit from the local improvement for which the assessment is levied; or

(ii) The corner lot has two sides abutting the local improvement for which the assessment is levied and is being assessed for the full frontage of one side abutting the improvement; or

(iii) The city council determines the corner lot receives no benefit from the local improvement for which the assessment is levied and the property has been previously assessed for the same type of local improvement on the side not abutting the local improvement for which the assessment is levied.

The city council need not grant a corner lot exemption if the city council determines the property will receive a benefit from the local improvement for which the assessment is being levied.

(f) Minimum Frontage. All lots may be assessed for an equivalent front footage of no less than 60 feet.

(g) Benefited Property. A benefited property may be defined as one which is adjacent to any street, easement or right-of-way on which a local improvement is installed or, in the case of a water, storm water management, or wastewater sewer improvement, which reasonably is capable of connecting to, or directly benefiting from, the improvement.

(h) Assessment Alternative. Assessment may be made at an average rate per square foot of land benefited, the average rate of assessment being the total assessed costs divided by the total area of land within the improvement district. The total area of land may constitute the total of the lot, parcel or tract of land served by the local improvement, up to a maximum of 100 feet from the street, easement, or right-of-way containing the local improvement.

(i) Equal Assessments. If property owners of all or part of the benefited properties within the improvement district are in unanimous agreement, and so request, then their share of the improvement costs may be apportioned as an equal amount. (Ord. 558 § 1, 2020; Ord. 475 § 9, 2007)

3.10.100 Proposed assessment.

If the city 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 city council shall determine whether the property benefited shall bear all or a portion of the cost. The city engineer or other person designated by the city council shall prepare the proposed assessment to the respective properties within the assessment district and file it with the city administrator, or designee. Notice of such proposed assessment shall be mailed or personally delivered to the owner of record for each property proposed to be assessed, which 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 city recorder. Any such objection shall state the grounds thereof. (Ord. 558 § 1, 2020; Ord. 475 § 10, 2007)

3.10.105 Assessment ordinance.

The city council shall consider such objections and may adopt, correct, modify or revise the proposed assessment and shall finalize the amount of assessment to be charged against each property within the district, according to the special and peculiar benefits accruing thereto from the improvement, and shall by ordinance apportion and levy the final assessments. (Ord. 558 § 1, 2020)

3.10.110 Notice of final assessment.

Within 10 days after the ordinance levying assessments has been adopted for final enactment, the city recorder shall send by registered or certified mail a notice of final 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 Veneta, the first publication of which shall be made not later than 10 days after the date of ordinance levying the assessment has been adopted for final enactment. The notice of final assessment shall recite the effective date of the assessment ordinance and shall state that, upon the failure of the owner of the property assessed to pay the assessment in full or to make application to pay the assessment in installments within 20 days from the effective date of the ordinance, 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 Lane County map and 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. 558 § 1, 2020; Ord. 475 § 11, 2007)

3.10.120 Deferred payment of assessments.

(1) To the extent that city funds are available and the requirements of this section through VMC 3.10.210 are met, a property owner may request deferred payment of special assessments for local improvements levied by the city.

(2) To be eligible for a deferment, the applicant must meet guidelines as set forth in VMC 3.10.130.

(3) A property owner shall submit an application for deferred payment privileges to the city administrator, or designee, within 20 days from the date of the first publication of the notice of final assessment, or within such time as the city administrator may establish; and enter into a contract with the city to pay the assessment when the deferment is terminated. (Ord. 558 § 1, 2020; Ord. 475 § 12, 2007)

3.10.130 Deferment eligibility.

To the extent that city resources are available, deferral may be accorded eligible real property owners.

(1) Collection of a portion of an assessment may be deferred if:

(a) The assessment is a result of an action by the city council;

(b) The real property has the potential for development as more than one lot under applicable city standards and is located either:

(i) In a general residential or single family residential zone and is undeveloped real property, but not part of a phased development; or

(ii) In any zone and used for an owner-occupied single-family dwelling.

(c) The real property is used for an owner-occupied single-family dwelling; all owners must apply for the deferral and reside on the property as their principal residence, unless required to be absent for medical reasons. A life estate interest will not qualify a resident as an owner. A revocable inter vivos trust may qualify the resident as the owner, so long as the resident is both the trustor and beneficiary of the trust. Any other trust interest will not qualify a resident for a deferral;

(d) A funding source is available from a public entity or any other source approved by the city council at the time the project is initiated that will provide the city with sufficient funds to ensure construction and that costs to other property owners do not increase; and

(e) The city administrator finds that the deferral is consistent with city council goals and policies, and otherwise is in the public interest.

(2) Collection of an assessment for construction of a new or upgraded street opened through action of the city council may be deferred when the abutting real property does not have driveway access to the street and is not developed for a purpose which makes use of the street. Abutting property taking access from the road over other abutting property shall not be eligible for assessment deferral under this section. The parcel shall be assessed for a minimum frontage of 60 feet. The costs for the remaining frontage may be deferred.

(3) Collection of a wastewater, sewer, water, or storm water management improvement assessment may be deferred when such improvements are installed that will provide a future benefit to undeveloped real property, as determined by the city council, and when connection will not be made immediately upon project completion. Deferral will be allowed only on the undeveloped portion of a parcel. Owners of vacant parcels shall pay a minimum assessment amount equal to that assessed a single-family dwelling. The remainder of the assessment may be deferred.

(4) Notwithstanding a deferral granted under this subsection, the owner of any real property affected by the deferral may elect to pay the assessment at the time it is levied, in the manner provided in this chapter.

(5) Following full payment of the assessment, the public entity or other source providing the temporary funds for construction of the improvement shall be reimbursed the amount it provided. (Ord. 558 § 1, 2020; Ord. 475 § 13, 2007)

3.10.140 Deferment program financing.

(1) The city of Veneta local improvements fund will be used for the payment of construction costs or for the retirement of debt incurred by the city in connection with local improvement projects on which the payment of assessments has been deferred under this chapter.

(2) The initial funds for the program shall be taken from allowable city of Veneta funds as determined by the city administrator, or designee. The deferral program shall be replenished from time to time by interest payments on deferred accounts, payments made when deferments are terminated, and by additional interest revenue earned within the fund.

(3) Deferments shall be granted on a pro rata or otherwise equitable basis, depending upon individual assessment amounts for applications received within the time period set under VMC 3.10.120(3) for submittal to the extent that program funds are available. (Ord. 558 § 1, 2020; Ord. 475 § 14, 2007)

3.10.150 Interest on deferred assessments.

Interest shall accrue at the same rate applicable to installment payments of special assessments under the Bancroft Bonding Act (ORS 223.205 through 223.300), and shall be calculated from the date the original assessments on the project became due. The interest shall accrue on the unpaid balance of any assessment for which payment has been deferred under this chapter and will be paid upon deferral payment or termination. (Ord. 558 § 1, 2020; Ord. 475 § 15, 2007)

3.10.160 Administration of deferments.

(1) The city administrator, or designee, shall be responsible for the administration of deferrals under this chapter and may:

(a) Adopt reasonable rules and regulations relating to any matter pertaining to special assessment deferral administration;

(b) Prepare and make available all necessary forms. Such forms shall include a statement informing applicants of the possible deferral of special assessments for local improvements under the State of Oregon Department of Revenue Rules and ORS 311.702 through 311.735.

(2) The contract required under VMC 3.10.120(3) shall be in a form satisfactory to the city attorney; shall be binding on the heirs, successors and assigns to whom ownership of the property may be transferred; and may be recorded in the official records of Lane County, Oregon. The city administrator is hereby authorized to execute such contracts on behalf of the city.

(3) In determining eligibility, the city administrator shall follow the requirements of VMC 3.10.130.

(4) The city administrator, or designee, shall notify any deferment applicant of the city administrator’s decision in writing. (Ord. 558 § 1, 2020; Ord. 475 § 16, 2007)

3.10.170 Appeals on deferral decision.

Any person aggrieved by a deferral decision of the city administrator under this chapter may appeal it to the city council by serving, within 10 days after the date of the notice containing the decision, a notice of appeal in writing to the city recorder specifying the grounds for objection to the decision. The city council shall consider the matter and may sustain, modify or reverse the decision of the city administrator. (Ord. 558 § 1, 2020; Ord. 475 § 17, 2007)

3.10.180 Termination of deferment.

(1) A deferment shall terminate if:

(a) The property owner defaults in the performance of the terms and provisions of the owner’s contract with the city or the contract term expires and is not renewed;

(b) Eligibility requirements are no longer met. This includes, but is not limited to, circumstances such as access to street is established or connection to improvement is made;

(c) Fee title and/or possessory interest in the property is sold or transferred, except sales or transfers to persons related by blood, marriage, or adoption;

(d) Subdivision or partition platting is initiated;

(e) A building permit is issued which allows the property use to intensify; or

(f) The property owner fails to comply with any rule or regulation adopted under this chapter; refuses to provide information to, or hinders any investigation by, the city administrator into the continued eligibility of the property owner for a deferment; willfully makes any false or misleading statement in order to obtain or retain a deferment; or receives benefits under this chapter with knowledge that the owner does not qualify for such benefits.

(2) Upon termination of the deferral, the owner of the real property shall thereupon be required to pay the assessment and accrued interest according to the terms of this chapter. (Ord. 558 § 1, 2020; Ord. 475 § 18, 2007)

3.10.190 Confidentiality of deferments.

To the maximum extent possible under the law, the applications, records and other information relating to deferments shall be kept confidential by the city. (Ord. 558 § 1, 2020; Ord. 475 § 19, 2007)

3.10.200 Deferred assessment lien.

Any assessment for which payment is deferred under this chapter shall continue to be a recorded lien on the affected property, notwithstanding the granting of a deferment. If the deferment is terminated, the lien may be enforced as though no deferment had ever been granted. (Ord. 558 § 1, 2020; Ord. 475 § 20, 2007)

3.10.210 Installment payment terms – Deferred assessments.

The allowance of deferment under this chapter shall have no effect on the number of installment payment periods or terms of payment permitted under the Bancroft Bonding Act as they are now or hereafter constituted or amended. Once deferment is terminated, and if an installment agreement is entered into, the installment agreement shall be administered as though no deferment had been granted. (Ord. 558 § 1, 2020; Ord. 475 § 21, 2007)

3.10.220 Lien records and foreclosure proceedings.

After passage of the assessment ordinance by the city council and on or after the effective date of such ordinance, the city recorder shall enter in the docket of city liens a statement of the unpaid 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 effective 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 Veneta 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 ordinance, not exceeding 10 percent per annum, until paid, on all amounts not paid within 10 days from the effective date of such assessment ordinance, and after expiration of 30 days from the effective 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 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. 558 § 1, 2020; Ord. 475 § 22, 2007)

3.10.230 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 in fact. If the city administrator shall find that there has been an error in fact, the city administrator shall recommend to the city council an amendment to the assessment ordinance to correct such 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. 558 § 1, 2020; Ord. 475 § 23, 2007)

3.10.240 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 city council may, by motion, declare such deficit and prepare a proposed deficit assessment. The city 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 of Veneta. After such hearing, the city 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, and notices of the deficit assessment shall be published and mailed and the collection of the assessment shall be made in accordance with VMC 3.10.100 and 3.10.110. (Ord. 558 § 1, 2020; Ord. 475 § 24, 2007)

3.10.250 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 city council must ascertain and declare the same by ordinance, and 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. 558 § 1, 2020; Ord. 475 § 25, 2007)

3.10.260 Abandonment of proceedings.

The city 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; and if liens have been assessed upon any property under such procedure, they shall be cancelled, and any payments made on such assessments shall be refunded to the person paying the same, or their assigns or legal representatives. (Ord. 558 § 1, 2020; Ord. 475 § 26, 2007)

3.10.270 Curative provisions.

No improvement assessment shall be rendered invalid by reason of a failure of the city engineer’s report to contain all of the information required by VMC 3.10.020, or by reason of a failure to have all of the information required to be in the improvement resolution, the assessment ordinance, 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 city council shall have the power and authority to remedy and correct all such matters by suitable action and proceedings. (Ord. 558 § 1, 2020; Ord. 475 § 27, 2007)

3.10.280 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 city council shall be in doubt as to the validity of such assessment, deficit assessment, or reassessment, or any part thereof, then the city council may make a reassessment in the manner provided by the laws of the state of Oregon. (Ord. 558 § 1, 2020; Ord. 475 § 28, 2007)

3.10.290 Remedies.

Subject to the curative provisions of VMC 3.10.270 and the rights of the city to reassess as provided in VMC 3.10.280, proceedings for writs of review and suits in equity may be filed no later than 60 days after the passage by the city council of the ordinance levying the assessment; providing that the property owner shall have filed a written objection to the proposed assessment as provided in VMC 3.10.060, 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; 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 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. 558 § 1, 2020; Ord. 475 § 29, 2007)