Chapter 3.48
LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS
Sections:
3.48.030 Preliminary estimates and assessment roll.
3.48.040 Sufficiency of petition.
3.48.050 Publication of resolution.
3.48.060 Hearing on resolution for improvement.
3.48.070 Notice of hearing on resolution for improvement.
3.48.080 Preformation expenditures.
3.48.090 Notice of hearing on assessment roll.
3.48.100 Penalties for delinquent assessment installments.
3.48.110 Foreclosure of delinquent assessment installments.
3.48.120 Acceleration of assessment installments – Foreclosure.
3.48.010 Procedures.
All proceedings relating to local improvements and assessments shall be conducted in accordance with Chapter 35A.43 RCW and all laws referenced therein. (Ord. 94-05 § 1, 1994)
3.48.020 Filing of petitions.
Petitions for local improvements shall be filed with the director of the department of public works, together with a fee in the amount established by resolution. (Ord. 94-29 § 33, 1995; Ord. 94-05 § 1, 1994)
3.48.030 Preliminary estimates and assessment roll.
Upon the filing of a petition or upon the adoption of a resolution initiating a proceeding for the formation of a local improvement district or utility local improvement district, the director of public works or the director’s designee shall cause to be prepared a preliminary assessment roll and an estimate of the cost and expense of the proposed improvement. The director of public works or the director’s designee shall certify the estimate to the city council, together with all papers and information in the director’s or the director’s designee’s possession relating to the proposed improvement, a description of the boundaries of the district, and a statement of what portion of the cost and expense of the improvement should be borne by the property within the proposed district. The estimates, together with a detailed copy of the preliminary assessment roll and the plans and assessment maps of the proposed improvement, shall be kept on file in the office of the director of public works or the city engineer. (Ord. 94-05 § 1, 1994)
3.48.040 Sufficiency of petition.
The director of public works or the director’s designee shall determine the sufficiency of any petition for local improvements and whether the facts set forth in the petition are true. (Ord. 94-05 § 1, 1994)
3.48.050 Publication of resolution.
The city clerk shall cause any resolution of the city council declaring the council’s intent to order a public improvement to be published in at least two consecutive issues of the city’s official newspaper, the first publication to be at least 15 days before the day fixed for the hearing on the resolution. (Ord. 94-05 § 1, 1994)
3.48.060 Hearing on resolution for improvement.
The hearing on any resolution declaring the city council’s intent to order a public improvement may be before the council, a committee of the council, or such other hearing officer as the council may designate in the resolution. (Ord. 94-05 § 1, 1994)
3.48.070 Notice of hearing on resolution for improvement.
The city clerk shall cause notice of the hearing on any resolution declaring the council’s intent to order an improvement to be mailed at least 15 days before the day fixed for the hearing to the owners or reputed owners of all lots, tracts, and parcels of land or other property to be specially benefited by the proposed improvement, as shown on the rolls of the county assessor, directed to the address shown on the rolls of the county assessor. The notice shall set forth the nature of the proposed improvement, the estimated cost, a statement that actual assessments may vary from assessment estimates so long as they do not exceed a figure equal to the increased true and fair value the improvement adds to the property, and the estimated benefits of the particular lot, tract or parcel. (Ord. 94-05 § 1, 1994)
3.48.080 Preformation expenditures.
The director of public works with the prior approval of the city council may contract pursuant to RCW 35.43.184 with owners of real property to provide for payment by the owners of the cost of the preparation of engineering plans, surveys, studies, appraisals, legal services, and other expenses associated with improvements to be financed in whole or in part by a local improvement district or utility local improvement district, not including the cost of actual construction of the improvements, that the owners elect to undertake. (Ord. 94-05 § 1, 1994)
3.48.090 Notice of hearing on assessment roll.
A. At least 15 days prior to the day fixed for a hearing on an assessment roll, the city clerk shall cause notice of the hearing to be mailed to the owner or reputed owner of the property whose name appears on the assessment roll, at the address shown on the tax rolls of the county treasurer for each item of property described on the list. In addition, the city clerk shall cause the notice to be published at least once a week for two consecutive weeks in the city’s official newspaper, the last publication to be at least 15 days before the day fixed for the hearing.
B. The notice of the hearing on the assessment roll shall specify the time and place of the hearing and shall notify all persons who may desire to object thereto:
1. To make their objections in writing and to file them with the city clerk on or before the date of the hearing;
2. That at the time and place of the hearing, and at times to which the hearing may be adjourned, the city council will sit as a board of equalization for the purpose of considering the roll; and
3. That at the hearing the city council will consider the objections made and will correct, revise, raise, lower, change or modify the roll or any part of the roll, or set aside the roll and order the assessment to be made de novo. (Ord. 94-05 § 1, 1994)
3.48.100 Penalties for delinquent assessment installments.
Whenever any installment, including principal or interest, of any local improvement assessment approved after the effective date of the ordinance codified in this chapter is delinquent, each such delinquent installment remaining unpaid on the date of delinquency together with delinquent interest, if any, shall be subject to a penalty equal to the rate of interest provided by ordinance for the bonds or warrants, plus five percent. Penalties and interest on delinquent installments shall be computed as set forth in Exhibit A, on file in the office of the city clerk and incorporated herein as if set forth in full, consistent with this section. (Ord. 94-05 § 1, 1994)
3.48.110 Foreclosure of delinquent assessment installments.
If, on the first day of January in any year, two installments of any local improvement assessment are delinquent, or if the final installment thereof has been delinquent for more than one year, the city attorney is authorized to commence foreclosure proceedings on the delinquent assessments or installments by an appropriate action on behalf of the city in Kitsap County superior court. Such foreclosure proceedings shall be commenced on or before June 1st of that year; provided, that thirty days before the commencement of the proceedings, the director of finance and administrative services shall provide notice by certified mail to the persons whose names appear on the assessment roll as owners of the property charged with the delinquent installment or assessment, at the address last known to the director. The notice shall state the amount due upon each separate lot, tract, or parcel of land and the date after which the proceedings will be commenced. If the person whose name appears on the tax rolls of the county assessor as owner of the property, or the address shown for the owner, differs from that appearing on the city assessment roll, then the director shall also mail a copy of the notice to that person or that address. (Ord. 94-05 § 1, 1994)
3.48.120 Acceleration of assessment installments – Foreclosure.
In any action brought for the foreclosure of a delinquent assessment or installment, future installments not otherwise due and payable may, at the election of the city, be accelerated and the entire balance of the assessment with interest, penalties and costs shall become due and payable and the collection thereof shall be enforced by foreclosure as set forth in this chapter. (Ord. 94-05 § 1, 1994)