Chapter 3.28
LOCAL IMPROVEMENT DISTRICT ASSESSMENT FORECLOSURES
Sections:
3.28.010 Initiation of foreclosure.
3.28.020 Entire amount due upon delinquency.
3.28.030 Notice of foreclosure.
3.28.040 Foreclosure on installments.
3.28.050 Payment prior to entry of judgment.
3.28.060 Limitation on commencement.
3.28.070 State statutes incorporated by reference.
3.28.010 Initiation of foreclosure.
The city treasurer shall proceed with the foreclosure of a delinquent local improvement district assessment or delinquent installment payment of a local improvement district assessment by proceedings brought in the name of the city, a municipal corporation, in the Superior Court of the State of Washington for Lewis County as provided in this chapter. [Ord. 353B, 1986.]
3.28.020 Entire amount due upon delinquency.
If any installment of a local improvement district assessment becomes delinquent, the entire remaining unpaid balance of the local improvement district assessment, together with interest and penalties, shall become immediately due and payable, and the city treasurer shall proceed with foreclosure as provided in this chapter. [Ord. 353B, 1986.]
3.28.030 Notice of foreclosure.
A. The foreclosure proceedings shall be commenced at any time during the calendar year any installment payment of a local improvement district assessment becomes delinquent; provided, however, prior to commencing foreclosure proceedings, the city treasurer shall notify by certified mail the persons whose names appear on the assessment roll as owners of the property charged with the assessments or installments which are delinquent a notice of the foreclosure proceedings. If the person whose name appears on the tax rolls of the county assessor as the owner of the property, or the address shown for the owner, differs from that appearing on the local improvement district assessment roll, then the city treasurer shall also mail a copy of the notice to that person or that address.
B. The notice shall state the amount due upon each separate lot, tract, or parcel of land and the date after which the foreclosure proceedings will be commenced. The city treasurer shall file with the clerk of the superior court at the time of commencement of the foreclosure proceeding the affidavit of the person who mailed the notice. This affidavit shall be conclusive proof of compliance with the requirements of this section. [Ord. 353B, 1986.]
3.28.040 Foreclosure on installments.
When the local improvement district assessment is payable in installments, the foreclosure of the lien of any installment shall not prevent the foreclosure on the lien of any subsequent installment. [Ord. 353B, 1986.]
3.28.050 Payment prior to entry of judgment.
In the event the city treasurer receives payment of all delinquent installments under foreclosure together with interest, penalty, and costs of suit, including a reasonable attorney’s fee, at any time before entry of judgment in foreclosure, the time for payment of any installments to accrue in the future shall be extended as if there had been no delinquency or foreclosure. [Ord. 353B, 1986.]
3.28.060 Limitation on commencement.
Notwithstanding the foregoing, an action to foreclosure upon any local improvement district assessment shall be commenced within 10 years after the assessment becomes delinquent or within 10 years after the last installment becomes delinquent, if the assessment is payable in installments. [Ord. 353B, 1986.]
3.28.070 State statutes incorporated by reference.
The procedure for foreclosure of local improvement district assessments shall be as provided in RCW 35.50.220 through 35.50.270, as the same now exist or are hereafter amended, which statutes, for the purposes of this chapter, are adopted by this reference thereto. [Ord. 353B, 1986.]