Chapter 11.20
ASSESSMENT FOR CONSTRUCTION OF STREETS AND SIDEWALKS
Sections:
11.20.040 Delinquency of payment.
11.20.010 Assessment.
When any work is done or improvement is made by order of the town council upon any street, avenue or alley, highway, thoroughfare or public place as provided by law or under any ordinance of the town of La Conner, Washington. When it shall be the intention of the town council to collect the costs and expenses hereby from the property fronting thereon, it shall be the duty of the street committee or the town council of the town, within 15 days after the taking effect of the ordinance authorizing the work or improvement, to prepare or cause to be prepared and filed with the clerk of the town a plat or profile of the street, streets, avenues, alleys, highways or any other public place or places so improved and the real estate subject to assessment therefor showing the lines of each lot, block, tract, piece, parcel or other subdivision thereof. As soon as the probable costs of such improvement are ascertained, the clerk of the town shall prepare and file in his office an assessment roll of such property subject to assessment for such improvement, which assessment roll shall contain a description of each lot, block, tract, piece, parcel or other subdivision of real estate benefited by such improvement and list in the name of the owner if known and if not known to be listed as “Unknown Owner” and assess each lot, tract, block, piece, parcel or other subdivision fronting upon such street, avenue, highway, public place or thoroughfare for the full depth thereof in proportion to the benefits derived by such property from such improvement sufficient to cover the total expense of such work to the center of the street, avenue, highway, or thoroughfare on which it fronts; provided, that the council may expend from the current expense fund for the purpose of making such sum or sums as in its judgment may be necessary or proper on account of the benefits and convenience accruing to the general public. The assessment roll so made shall at all times be open to the public inspection at the clerk’s office during business hours from the time of the filing thereof until the day of the meeting of the council for the equalization thereof as provided in this chapter. [Ord. 163 § 1, 1908.]
11.20.020 Public notice.
Immediately after filing of such assessment roll, the clerk shall publish a notice in the official paper of the town to the effect that such roll describing it has been filed in his office and that the same is open for the public inspection and that any person feeling himself aggrieved by such assessment may apply to the council to have the same corrected and may appear at a meeting of the council, the time of which meeting shall be stated in such notice, and present such objections to the council as he may have to the assessment or any portion thereof made and charged against his property. [Ord. 163 § 2, 1908.]
11.20.030 Public meeting.
At the meeting designated in such notice, the council shall hear all complaints concerning the assessment roll and determine the same and may raise or lower the assessment on any lot or parcel of real estate listed on the assessment roll so as to make the assessment as near just and equitable as practicable on all property upon the roll and shall, if any lot or parcel of real estate benefiting by such improvement and abutting on the street or other public place be found to have been omitted from such assessment roll, list the same and place a just assessment thereon according to law; provided, that no lot or parcel of real estate omitted by the clerk shall be listed nor shall the assessment of one lot or parcel of real estate be raised by the council without the owner’s consent until at least 10 days’ notice of such proposed change shall have been served on the owner if such owner can be found within the town, and if not so found then 10 days’ notice of such proposed change in the assessment roll must be published in the official paper of the town at least one issue before the change is made, and the council may, if necessary, adjourn from time to time until such assessment roll is completed; that the amounts charged against each lot, piece, parcel or tract of land after such equalization by the council from the date of the order of such improvement, and the clerk shall immediately thereafter publish a notice in the official newspaper of the town to the effect that the assessment roll is in the hands of the town treasurer and that all assessments on the roll must be paid to such treasurer within 30 days from the date of the first publication of such notice, or the same will become delinquent. Such notice shall be published in at least one issue. [Ord. 163 § 3, 1908.]
11.20.040 Delinquency of payment.
All assessments made as aforesaid and not paid within the time specified in LCMC 11.20.030 shall become delinquent and shall bear interest at the rate of 15 percent per annum from the date of such delinquency until paid. [Ord. 163 § 4, 1908.]
11.20.050 Foreclosure.
Upon the date of the delinquency, the town treasurer shall turn over to the town attorney, or such attorney as the council may direct if there is no regular town attorney, the duplicate assessment roll, shall show upon its face all assessments delinquent and shall take the attorney’s receipt therefor, and it shall become the duty of the town attorney to immediately foreclose the lien of such assessment on the lands listed in the assessment roll which are still delinquent and unpaid as provided by law. [Ord. 163 § 5, 1908.]