CHAPTER 14
LID ASSESSMENT FORECLOSURE PROCEDURE
SECTION:
5-14-1: Duty Of Director Of Finance
5-14-3: Date Of Commencement Of Foreclosure
5-14-4: Collection Of Attorney’s Fees For Foreclosing Delinquent Liens
5-14-5: Acceleration On Default
5-14-6: Time And Place Of Sale
5-14-1 DUTY OF DIRECTOR OF FINANCE:
It shall be the duty of the Director of Finance on or before the first day of March, June, September and December of each year, with the assistance and advice of the City Attorney, to prepare and issue a certificate of all local improvement assessments which are more than two (2) years delinquent on the first day of January preceding or the final installment of which shall be delinquent for more than one year, for the purpose of foreclosing the same and deliver the same to the Attorney for such proceedings as may be necessary. (Ord. 846, 5-8-29; amd. Ord. 2845, 4-15-74)
5-14-2 DUTY OF ATTORNEY:
It shall be the duty of the Attorney with such legal assistance as the Council may have provided to proceed with any such action as provided in this Act. (Ord. 846, 5-8-29)
5-14-3 DATE OF COMMENCEMENT OF FORECLOSURE:
On any date after the date when two (2) installments of any Local Improvement District assessments are delinquent, the Finance Director of the City is authorized to send a delinquent assessment notice to the address last known to the Finance Director stating the amount due upon each separate lot, tract or parcel of property, and that foreclosure proceedings will be commenced thirty (30) days after receipt of the notice. If the person whose name appears on the tax roll of the County Assessor as owner of the property or the address shown for the owner differs from that appearing on the City’s assessment roll, the Finance Director shall also mail a copy to that person or that address. Upon failure to pay the delinquent assessment and the passage of thirty (30) days, the City Attorney is authorized to commence foreclosure by any method provided in RCW title 35, including RCW 35.50.220 and 35.50.250.
5-14-4 COLLECTION OF ATTORNEY’S FEES FOR FORECLOSING DELINQUENT LIENS:
Should any person or property against which a LID lien is imposed not pay those assessments as they become due, and should it be necessary for the City to institute an action or proceeding to foreclose on the lien of these assessments, then the City shall have the right to claim its costs and a reasonable attorney’s fee for the prosecution of such assessment lien foreclosure proceeding. Any judgment for attorney’s fees and costs shall constitute a portion of the judgment to be enforced by foreclosing of the lien and such attorney’s fees and costs shall be paid before the assessments shall be considered paid current.
5-14-5 ACCELERATION ON DEFAULT:
Should any property assessed under an LID fail to pay yearly assessments as they come due for two (2) or more successive years, then the City may at its discretion, accelerate the full amount of the remaining LID assessments and demand payment of that full amount. Should the City initiate litigation to foreclose on the lien of the LID assessments, then the City shall have the option to claim in that litigation the full amount of the unpaid LID assessments thus accelerated; provided that the payment of all the delinquent installments, together with interest, penalty and costs at any time before entry of judgment and foreclosure shall extend the time of payment on the remainder of the assessment as if there had been no delinquency or foreclosure.
5-14-6 TIME AND PLACE OF SALE:
Should the City obtain a judgment or order of sale authorizing the Finance Director of the City to sell any property or delinquent LID liens which have been foreclosed, then the Finance Director shall schedule the sale at ten o’clock (10:00) A.M. on any Friday of any month on the steps of the Renton Municipal Building or such other place to which the sale may be adjourned from the front steps of the Renton Municipal Building. (Ord. 3847, 10-1-84)