Chapter 3.60
LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS AND LID HEARING PROCESS
Sections:
3.60.115 Time of payment – Interest – Penalties.
3.60.140 Segregation of assessments.
3.60.150 Foreclosure of delinquent assessments.
3.60.170 Acceleration of installments – Attorney’s fees.
3.60.010 Local improvements.
Whenever the public interest or convenience may require, the city council of the city of Marysville may order a local improvement to be constructed and may levy and collect special assessments on property specially benefited thereby to pay the whole or any part of the expense thereof. All such projects, and the financing of the same, shall comply with Chapters 35.43 through 35.56 RCW and the provisions of this chapter. All references herein to local improvement districts shall also be construed to apply to utility local improvement districts. (Ord. 2937 § 2, 2013; Ord. 1275 § 1, 1983; Ord. 818 § 1, 1974).
3.60.115 Time of payment – Interest – Penalties.
The city council, by ordinance, shall prescribe the period of time over which local improvement assessments or installments thereof shall be paid. That ordinance shall also provide for the payment and collection of interest on the unpaid balance of the assessments at a rate to be fixed by the city council. Any installment or interest not paid on or before the due date for the same shall be considered delinquent, and shall be increased by a penalty charge of eight percent. (Ord. 2937 § 2, 2013; Ord. 1308 § 2, 1983).
3.60.140 Segregation of assessments.
Whenever any land against which there has been levied a special assessment by the city of Marysville has been sold in part or subdivided, the city council shall have the power to order a segregation of such assessment pursuant to RCW 35.44.410. Such segregations shall be conditioned upon the following:
(1) A finding by the city council that the segregation will not jeopardize the security of the city’s assessment lien;
(2) Payment by the applicant of the applicable fee and costs as set forth in MMC 14.07.005 for every assessment unit created by the segregation. (Ord. 2937 § 2, 2013; Ord. 2106 § 4, 1996; Ord. 1016, 1978).
3.60.150 Foreclosure of delinquent assessments.
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 assessment or delinquent installments by an appropriate action on behalf of the city in Snohomish County superior court. The foreclosure proceeding shall be in accordance with the provisions of Chapter 35.50 RCW, as now exists or as may hereafter be amended. Such foreclosure proceedings shall be commenced on or before June 1st of each year. (Ord. 2937 § 2, 2013; Ord. 1275 § 3, 1983).
3.60.170 Acceleration of installments – Attorney’s fees.
When any local improvement district or utility local improvement district assessment is payable in installments, upon failure to pay any installment due, the assessment shall become immediately due and payable, and the collection thereof shall be enforced by foreclosure. (Ord. 2937 § 2, 2013; Ord. 1275 § 3, 1983).
3.60.220 LID hearing process.
(1) In accordance with RCW 35.44.070, the city council may designate an LID hearing examiner or other officer (“LID hearing examiner”) to conduct the public hearing required for the final assessment roll for any local improvement district of the city. In the resolution setting the date, time and place for the public hearing, the city council may establish guidelines for the LID hearing examiner, including a schedule for submitting his or her recommendations to the city council and other matters as may be consistent with state law governing the confirmation of an assessment roll. The LID hearing examiner may establish procedures for conduct of such hearing consistent with state law and the Marysville Municipal Code.
(2) Following an assessment roll hearing, the LID hearing examiner shall file a written report (including findings and recommendations) with the city clerk within a period to be specified by the city council. Within five business days of receiving such report, the city clerk shall mail notice that the report has been filed to any person who filed a request for special notice of the report or written protest at or prior to the public hearing on the assessment roll in accordance with RCW 35.44.080. A copy of the LID hearing examiner’s report will be available to the public in the office of the city clerk.
(3) If the council designates an LID hearing examiner to conduct the public hearing on an assessment roll, the following procedures are established for an appeal to the city council by any person protesting a finding or recommendation made by the LID hearing examiner regarding the assessment roll:
(a) An appeal may be filed only by a party who timely submitted a written protest to the assessment roll at or prior to the assessment roll hearing. The notice of appeal shall state clearly (i) the number of the local improvement district, (ii) the appellant’s name, address, LID parcel number and the name and address of the appellant’s attorney or other agent, if any, (iii) the recommendation being appealed, (iv) the error of fact, law, or procedure alleged to have been made by the hearing examiner and the effect of the alleged error on the recommendation, and (v) the redress sought by the appellant. The notice of appeal shall be filed with the city clerk, together with a fee of $100.00, no later than the fourteenth day after the day upon which the report of the hearing examiner is mailed by the city clerk.
(b) Upon the filing of a notice of appeal, the city clerk shall promptly notify the city attorney and furnish a copy of the notice to the city council and the LID hearing examiner. Within 14 days following the last date for filing of a notice of appeal, the city council shall set a time and place for a hearing on the appeal(s), provided the time shall be as soon as practicable in order to avoid accumulating additional interest on any obligations of the local improvement district. The city clerk shall promptly mail notice to the appellant of the time and place for the hearing on the appeal.
(c) Review by the city council on appeal shall be limited to and shall be based solely on the record from the public hearing; provided, however, that the city council may permit oral or written arguments or comments when confined to the content of the record of the hearing below. No new evidence may be presented. Written arguments shall not be considered unless filed with the city council at least two business days prior to the hearing on appeal, and the city council may determine the appeal on the record, with or without argument.
(d) In respect to the matter appealed, the city council may adopt or reject, in whole or in part, the findings and recommendations of the LID hearing examiner or officer or make such other disposition of the matter as is authorized by RCW 35.44.100. The city council shall reduce its determination to writing, file the original in the record of the local improvement district, and transmit a copy of the same to the appellant. No ordinance confirming an assessment roll may be enacted by the city council until the city council rules on all appeals. Upon ruling on all appeals, the city council shall confirm the assessment roll by ordinance.
(e) Any appeal from a decision of the city council regarding any assessment may be made to the superior court within the time and in the manner provided by law. (Ord. 2937 § 2, 2013).