Chapter 3.15
LOCAL IMPROVEMENT DISTRICT ADMINISTRATION REGULATIONS
Sections:
3.15.010 Administration of LID.
3.15.020 LID petitions to be filed with city clerk-treasurer.
3.15.030 Officer designated to make preliminary estimates.
3.15.040 Penalty for delinquent assessments and installments.
3.15.050 Commencement of foreclosure proceedings.
3.15.060 Acceleration of installments.
3.15.070 Use of guaranty fund to pay local improvement district obligations.
3.15.010 Administration of LID.
The city shall administer and prosecute all actions and proceedings related to its local improvement districts in substantial compliance with the laws of the state of Washington, including Chapters 35.43 through 35.54 RCW, as the same may be amended from time to time. No city action taken in substantial compliance with then-applicable state statutes ever shall be invalidated for failure to comply with any provision of this chapter. (Ord. 865 § 1, 2005)
3.15.020 LID petitions to be filed with city clerk-treasurer.
Any petitions required by Chapter 35.43 RCW (or any successor statutes) to be filed with the city to initiate the formation of a local improvement district shall be filed with the city clerk-treasurer (or such city officer who may hereafter assume the duties of the city clerk-treasurer). (Ord. 865 § 2, 2005)
3.15.030 Officer designated to make preliminary estimates.
The city public works director is designated as the city’s officer responsible for taking, or causing to be taken, such actions as are required to be taken by RCW 35.43.130, as such statute may be amended from time to time. (Ord. 865 § 3, 2005)
3.15.040 Penalty for delinquent assessments and installments.
Each assessment or installment thereof that is collected by the city pursuant to Chapter 35.49 RCW shall be subject, at the time of delinquency, to a charge of 12 percent penalty levied on both principal and interest due upon that installment. (Ord. 865 § 4, 2005)
3.15.050 Commencement of foreclosure proceedings.
All assessment lien foreclosure proceedings initiated by the city under Chapter 35.50 RCW shall be commenced for purposes of RCW 35.50.030 on or before March 1st of each year; provided, any delay in commencing an assessment lien foreclosure proceeding beyond March 1st in any given year shall not preclude the city from commencing such proceeding on any date thereafter, and for purposes of RCW 35.50.030, such later date shall be deemed to be the other date fixed by general ordinance pursuant to RCW 35.50.030. All lien foreclosure proceedings thus commenced shall seek an award of attorneys fees and costs of suit for the city to the fullest extent permitted by law. (Ord. 865 § 5, 2005)
3.15.060 Acceleration of installments.
Upon the failure to pay the city any installment of a local improvement district assessment, when due, the entire assessment shall be due and payable as of the date of such delinquency, and the collection thereof, including interest and penalties as applicable, shall be enforced by foreclosure pursuant to Chapter 35.50 RCW. (Ord. 865 § 6, 2005)
3.15.070 Use of guaranty fund to pay local improvement district obligations.
If, prior to an interest payment date of obligations secured by the guaranty fund, the city administrator (or other city official then responsible for overseeing the city’s funds and accounts) determines that there is insufficient money in the local improvement fund or other fund or account established to pay debt service on those obligations to pay the interest or principal and interest scheduled to come due on that interest payment date, then the city administrator (or other city official then responsible for overseeing the city’s funds and accounts) shall withdraw from the guaranty fund and apply an amount sufficient to pay that deficiency on that interest payment date. To the extent the amount available in the guaranty fund on such interest payment date is not sufficient to cure the deficiency, the city finance director (or other city official then responsible for overseeing the city’s funds and accounts) shall issue interest-bearing warrants drawn on the guaranty fund as prescribed by statute. This section is intended to supplement Chapter 35.54 RCW and to prevent defaults in the payment of obligations secured by the guaranty fund. (Ord. 865 § 9, 2005)