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HomeMy WebLinkAbout2705 Revising Local Imp/Special Assessment ChaptersORDINANCE NO. ~-~- AN ORDINANCE COMPLETELY REVISING THE LOCAL IMPROVEMENT AND SPECIAL ASSESSMENT CHAPTER AND DELETING THE SIDEWALK ASSESSMENTS CHAPTER OF THE ASHLAND MUNICIPAL CODE THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. follows: Chapter 13.20 is amended in its entirety to read as CHAPTER 13.20 LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS Sections: 13.20.010 13.20.020 13.20.030 13.20.040 13.20.050 13.20.060 13.20.070 13.20.080 13.20.090 13.20.100 13.20.110 13.20.120 13.20.130 13.20.140 13.20.150 13.20.160 13.20.170 13.20.180 13.20.190 13.20.200 13.20.210 13.20.220 Definitions. Initiation of Local Improvements. Content of Improvement Resolution. Notice of Hearing Regarding Improvement. Hearing on Improvement Resolution. Method of Assessment. Notice of Assessment. Address To Which Notices Should Be Sent. Deficit Assessments or Refunds. Rebates and Credits. Description of Real Property; Effect of Error In Name of Owner Lien Records and Foreclosure Proceedings. Errors in Assessment Calculations. Installment Payments of Assessments. Abandonment of Proceedings. Manner of Doing Work. Curative Provisions. Construction of Improvement: Bids. Reassessments. Apportionment of Liens Upon Partition. Remedies. Severability. 13.20.010 Definitions. The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended. A. "Improvement resolution" means that resolution adopted by the council declaring its intention to make a local improvement. B. "Local Improvement" has the meaning given under ORS 223.001. C. "Local Improvement District" means the property that is to be assessed for all or any portion of the cost of a local improvement and the property on which the local improvement is located. PAGE i-ASSESSMENT ORDINANCE D. "Lot" means a lot, block or parcel of land. E. "Owner" means the owner of the title to real property or the contract purchaser of real property of record as shown on the last available complete assessment role in the office of the County Assessor. 13.Z0.020 Initiation of Local Improvements. Whenever the council in its discretion deems it necessary to make any local improvement to be paid for in whole or in part by special assessment, the council may declare its intention to make the local improvement by adopting an improvement resolution. The proposed local improvement may be initiated by either of the following methods: A. By the council, at its own initiative; or B. By written petition requesting the local improvement signed by more than 50 percent of the owners of property that would benefit specially from the local improvement. 13.20.030 Content of Improvement Resolution. A. Mandatorv Provisions. The improvement resolution shall contain the following: 1. A description of the improvement; 2. A description or map of the boundaries of the local improvement district to be assessed; 3. A declaration of the council's intention to undertake the improvement; 4. Provision for a date, time and place for a hearing regarding the improvement; and 5. A direction that notice be given of the improvement and of the public hearing. 6. The amount of the estimated cost of the improvement made by the city engineer and a proposed allocation of the cost of the improvement among the owners of the property to be specially benefitted; B. Optional Provisions. The improvement resolution may include the following: 1. A determination whether the property benefitted shall bear all or any portion of the cost of the local improvement, based upon the estimated cost; 2. Alternative proposals relating to the local improvement, but only if each alternative contains all of the information required to be contained in the resolution if that alternative proposal were the only proposal put forward; and 3. Any other information that the council deems relevant to the improvement. 13.20.040 Notice of Hearing Regarding Improvement Resolution. A. Notice. Notice of the hearing regarding the improvement resolution shall be given at least 30 days prior to the scheduled date of the hearing. B. Method of Delivering Notice. Notice shall be made by publication in a newspaper of general circulation within the city and by mailing copies of the notice by first class mail to the owners of lots affected by the improvement. PAGE 2-ASSESSMENT ORDINANCE C. Content of Notice. 1. The notice shall contain: a. A general description of the proposed improvement; b. A description or map of the local improvement district to be created; c. A description of the property to be specifically benefitted by the improvement; and d. The date, time and place of the hearing when the council will hear and consider objections or responses to the improvement. e. A statement that if two-thirds of the property owners to be benefitted object to the improvement, the improvement will be suspended for six months. f. A clear explanation on how and where property owners may object to the improvement. g. The amount of the estimated assessment proposed on each particular property. h. Any other information the council may direct to be included. D. Effect of Failure of Notice. Any mistake, error, omission or failure with respect to a good faith mailing of any notice shall not be jurisdictional or invalidate the improvement proceedings. 13.20.050 Hearinq on Improvement Resolution. A. Testimony Considered. At the hearing regarding the improvement resolution, the council shall hear and consider testimony, both oral and written, on the improvement. B. Approval in Discretion of Council. The council may implement the improvement resolution and undertake completion of the improvement only if, in its sole discretion, the improvement is in the best interest of the city. The council's discretion shall not be limited by the fact that a majority of the benefitted property owners have requested or indicated their support for the improvement. C. Effect of Remonstrance. If at the hearing, the owners of two-thirds of the property to be specially assessed for the improvement, or the owners of property which will be assessed for two-thirds or more of the proposed assessment, deliver to the council a remonstrance to the improvement, then action on the improvement shall be suspended for a period of six months. Action on sidewalks or on improvements unanimously declared by the council to be needed at once because of an emergency shall not be subject to suspension by a remonstrance of the owners of the property to be specially assessed. D. Modifications. At the hearing, the council may direct any modification of the improvement that it deems appropriate. If the council modifies the scope of the improvement such that the local improvement district would be enlarged, or, if estimated assessments have been made by the time of the hearing, the assessment is likely to be increased upon one or more lots, then a new improvement resolution shall be adopted by the council, and new notices mailed to all of the owners of PAGE 3-ASSESSMENT ORDINANCE (p:ord\assess.ord) properties within the local improvement district. No new publication regarding the amended improvement need be made. E. Creation of Local Improvement District. If the improvement is approved by the council, the council shall by resolution create the local improvement district to be served by the improvement. F. Determination of Allocation. The council shall determine whether the property benefitted shall bear all or a portion of the cost. The council shall then direct the city recorder to prepare the estimated assessment to the respective lots within the local improvement district and file it in the lien records of the city. The council shall then hear any objections that have been filed with the recorder concerning the amount of the assessments, and may adopt, correct, modify or revise the estimated assessments. 13.20.060 Method of Assessment. A. Procedure for Assessment. When the estimated cost of an authorized local improvement has been ascertained on the basis of the award of a contract or the departmental cost of the city or other governmental agency to undertake the improvement, the city recorder, or such other person as the council may direct, shall prepare the proposed assessments to the respective lots within the local improvement district, shall file them in the office of the city recorder, and shall submit the proposed assessments to the council. The submission may be in the form of a proposed resolution. B. Determination of Assessment. The council shall determine the amount of the estimated assessment to be charged against each lot within the local improvement district according to the special and peculiar benefits accruing to the lot from the improvement, and shall spread the estimated assessments accordingly. If the estimated cost, as ascertained under the preceding paragraph, is more than ten percent above any estimated assessment contained in the notice described in section 13.20.020, the council shall vote to discontinue the project or to find other sources of funds so that the actual assessment does not exceed the estimated assessment by more than ten percent. In determining and spreading the assessment, the council may use any just and reasonable method consistent with the benefits derived by the various affected lots. C. Adoption of Proposed Assessment. Upon receiving the proposed assessment, the council shall, after making any modifications, adopt a resolution directing that notice of the proposed assessments be mailed or personally delivered to the owners of the lots to be assessed. The notice shall contain the following information: 1. The name of the owner, a description of the property to be assessed, and the amount to be assessed against the property. 2. A date and time by which written objections to the proposed assessment, stating specifically the grounds for objection, must be received, and the date, place and time of a hearing at which the council will consider any objections. PAGE 4-ASSESSMENT ORDINANCE W:o~X~,~.ord) 3. A statement that the assessment will be levied by the council after the hearing, will be charged against the property, and will be immediately payable in full or in installments (if applicable) following the levy. C. Supplementary Notice. Supplementary notice of the proposed assessment and of the hearing scheduled to consider the proposed assessment in form and content to be determined by the city recorder may also be published or posted by the city recorder. D. Hearing Regardinq Proposed Assessments. The council shall hold a public hearing on the date and time set in the notice to consider those objections filed in writing with respect to the proposed assessments. The council may adopt, correct, modify or revise the proposed assessments and shall determine the amount of the assessment to be charged against each lot within the local improvement district according to the special and peculiar benefits accruing to it from the improvements, and shall by resolution levy and spread the assessments and cause that notice of the assessments be delivered to all of the owners of property within the local improvement district. 13.20.070 Notice of Assessment. A. Within ten days after the effective date of the resolution levying the assessments, the city recorder shall send by first class mail to the owner of the assessed property, a notice of assessment. The notice shall contain the following information: 1. The date of the resolution levying the assessment, the name of the owner of the property assessed, the amount of the assessment, and a description of the property assessed; 2. A statement that the owner may file an application to pay the assessment in installments, as provided in this chapter; and 3. A statement that the entire amount of the assessment, less any part for which application to pay in installments is made, is due within 20 days of the date of the letter and, if unpaid on that date, will accrue interest and subject the property to foreclosure. B. Supplementary notices of assessment, in form and content to be determined by the city recorder, may also be published or posted by the city recorder. C. Failure to receive any notice of assessment shall not invalidate the proceedings nor affect the validity of the assessment. 13.Z0.080 Address To Which Notices Should Be Sent. If a notice is required to be sent to the owner of a lot pursuant to this chapter, the notice shall be addressed to the owner or the owner's agent, as such address is recorded in the county tax roll. If the address of the owner or of the owner's agent is unknown to the recorder, the recorder shall mail the notice addressed to the owner or the owner's agent at the address where the property is located. Any mistake, error, omission or failure in respect to a good faith mailing shall not be jurisdictional or invalidate the assessment proceeding, but there shall be no PAGE 5-ASSESSMENT ORDINANCE foreclosure or legal action to collect until notice has been given by personal service upon the property owner, or, if personal service cannot be had, then by publication once a week for two consecutive weeks in a newspaper of general circulation within the city. 13.20.090 Deficit Assessments or Refunds. If the initial assessment has been made on the basis of estimated cost, and, upon completion of the work, the cost is found to be greater than the estimated cost, the council may make a deficit assessment for the additional cost, provided, however, the council may not make a deficit assessment for more than ten percent of the initial assessment. Proposed assessments upon the respective lots within the special improvement district for a proportionate share of the deficit shall be made, notices shall be sent, opportunity for objections shall be given, any objections shall be considered, and a determination of the assessment against each particular lot, block, or parcel of land shall be made in the same manner as in the case of the initial assessment, and the deficit assessment shall be spread by resolution. 13.Z0.~00 Rebates and Credits. If assessments have been made on the basis of estimated cost and upon completion of the improvement project the cost is found to be less than the estimated cost, the council shall ascertain and declare the same by resolution, and when so declared, the excess amounts shall be entered on the city lien record as a credit upon the appropriate assessment. Thereafter, the person who paid the original assessment, or that person's legal representative or successor, shall be entitled to repayment of the excess amount. If the property owner has filed an application to pay the assessment by installment, the owner shall be entitled to such refund only when such installments, together with interest thereon, are fully paid. If the property owner has neither paid such assessment nor filed an application to pay in installments, the amount of the refund shall be deducted from such assessment, and the remainder shall remain a lien on the property until legally satisfied. · 3.20.~10 Description of Real Property; Effect of Error In Name of Owner. In levying, collecting and enforcing local assessments for local improvements, the following shall apply: A. Real property may be described by giving the subdivision according to the United States survey when coincident with the boundaries of the property, or by lots, blocks and addition or subdivision names, or by metes and bounds or reference to the volume and page or document number of any public record of Jackson County where the description may be found, or by designation of tax lot number referring to a record kept by the Assessor of descriptions of real property of Jackson County, which record shall constitute a public record, or in any other manner as to cause the description to be capable of being made certain. Initial letters, abbreviations, figures, fractions and exponents, to designate the township, range, section or part of a section, where the number of any lot or block or part, or any PAGE 6-ASSESSMENT ORDINANCE distance, course, bearing or direction, may be implied in any description of real property. B. If the owner of any land is unknown, the land may be assessed to "unknown owner," or "unknown owners." If the property is correctly described, no final assessment shall be invalidated by a mistake in the name of the owner of the real property assessed or by the omission of the name of the owner or the entry of a name other than that of the true owner. Where the name of the true owner, or the owner of record, of a partial of real property is given, the final assessment shall not be held invalid on account of any error or irregularity in the description if the description would be sufficient in a deed of conveyance from the owner, or such that, in a suit to enforce a contract to convey, employing such description a court of equity would hold it to be good and sufficient. C. Any description of real property that conforms substantially to the requirements of this section shall be a sufficient description in all proceedings of assessment relating or leading to a final assessment for a local improvement, foreclosure and sale of delinquent assessments, and in any other proceeding related to or connected with levying, collecting and enforcing final assessment for special benefits to the property. 13.20.120 Lien Records and Foreclosure Proceedings. A. Assessment Liens. After adoption of the assessment resolution by the council, the city recorder shall enter in the city lien record and adopt a statement of the amount assessed upon each particular lot, parcel of land or portion, together with a description of the improvement, the name of the owners, and the date of the assessment resolution. The amounts entered in the lien record shall become a lien and charge upon the respective lots, parcels of land or portions that have been assessed for such improvement. All assessment liens of the city shall be superior and prior to all other interests, liens and encumbrances on the assessed property insofar as the laws of the State of Oregon permit. B. Interest. Interest shall be charged until paid on all amounts assessed but not paid within 20 days from the date of the notice of assessment, at a rate to be determined by the council. C. Foreclosure. After expiration of 20 days from the date of the notice of assessment, the city may proceed to foreclose or enforce collection of the assessment liens in the manner provided by the general law in the State of Oregon for the collection of such liens. The city may, at its option, bid the amount of its lien for the property being offered at any foreclosure sale. 13.20.130 Errors in Assessment Calculations. Persons claiming errors in the calculation of assessments shall bring the alleged errors to the attention of the city recorder. The city recorder shall determine whether there has been an error in fact. If the city recorder finds that there has been an error in fact, the city recorder shall recommend to the council an amendment to the assessment resolution to correct the error. Upon adoption of the correcting resolution, the city recorder shall cause the PAGE 7-ASSESSMENT ORDINANCE correction to be made in the city lien record and shall cause a corrected notice of assessment to be sent by first class mail to the owners of all affected properties. 13.20.140 Installment Payments of Assessments. The Bancroft Bonding Act (ORS 223.205 to 223.295) shall apply to assessments levied in accordance with this chapter, subject to the provisions of this chapter. Unless otherwise provided in a particular assessment resolution, the owner of any property assessed for a local improvement in a sum of $100 or more may, at any time within 20 days after the date of the assessment notice (or within such lesser time, not to be less than ten days, as the council may from time to time establish), file with the city recorder a written application to pay the whole of the assessment, or, if any part of the assessment has been paid, the unpaid balance of the assessment, in 20 semi-annual installments, together with interest thereon at a rate to be determined by the council, and an amount, to be determined by the council, sufficient to pay a proportionate part of administering the bond assessment program and issuing the bonds. In addition, each application shall state that the applicant waives all irregularities, jurisdictional or otherwise, in the proceedings to cause the local improvement for which the final assessment is levied and in the apportionment of the actual cost of the local improvement, and shall contain a description, by lots and blocks, or other convenient method, of the property of the applicant assessed for the improvement. 13.20.150 Abandonment of Proceedings. The council shall have full power and authority to abandon and rescind proceedings for local improvements made under this chapter at any time prior to the final completion of such improvement. If liens have been assessed upon any property under such procedure, they shall be canceled, and any payments made on such assessments shall be refunded to the persons paying the same, their assigns or successors. 13.~0.160 Manner of Doing Work. Local improvements may be made in whole or in part by the city, by another governmental agency, by contract, or by any combination of these. The city administrator, on behalf of the city, shall determine the engineer for all work to be accepted by the city for public maintenance. ~3.20.170 Curative Provisions. No improvement assessment shall be rendered invalid by reason of a failure to have all of the information required to be in any engineer's or city recorder's report, the improvement resolution, the assessment resolution, the lien docket or notices required to be published, mailed or posted; nor by the failure to list the name of, or mail notice to, the owner of any property as required by this chapter; nor by reason of any other error, mistake, delay, omission, irregularity, or other act, jurisdictional or otherwise, in any of the proceedings or steps specified in this chapter, if such proceedings or steps were made in a good faith effort to comply PAGE 8-ASSESSMENT ORDINANCE with the requirements of this chapter, unless it appears otherwise that the assessment is unfair or unjust in its effect upon the person complaining. The council shall have the power and authority to remedy and correct all such matters by suitable action and proceedings. 13.20.180 Construction of Improvement: Bids. A. Immediately after the effective date of the resolution establishing the local improvement district, the engineer for the city shall cause necessary right-of-way and easements to be acquired and the improvement to be made in accordance with the terms of the resolution if the work is to be performed by the city or another governmental agency. If any part of the work of the improvement is to be done under contract bids, the engineer for the city shall cause detailed plans and specifications to be prepared and filed and notice calling for bids to be published in a newspaper of general circulation within the city not less than ten days prior to the opening of the bids. B. The city administrator shall have the authority to sign all contracts on behalf of the city. C. If the bid is more than ten percent above the engineer's estimate, the city administrator shall refer the matter to the city council which may, in its discretion, provide for holding a special hearing to consider objections to proceeding with the improvement on the basis of such bid. 13.20.190 Reassessments. A. Whenever all or part of any assessment for any local improvement has been or shall be declared void or set aside for any reason or its enforcement refused by any court by reason of jurisdictional or other defects in procedure, or whenever the council is in doubt as to the validity of all or any part of such assessment, the council may make a new assessment or reassessment in the manner provided in ORS 223.405 through ORS 223.485, inclusive. B. For purposes of this section, the term "assessment" includes deficit or supplemental assessments and reassessments. 13.20.200 Apportionment of Liens Upon Partition. A. Whenever the ownership of any portion of a tract of real property less than the entire tract is or has been transferred through partition or otherwise, any lien against said real property in favor of the city shall, upon request of the owner, mortgagee or lienholder of any portion of the tract, be apportioned as provided in this section and not otherwise; provided, that such transfer is in accordance with ORS 92.010 to 92.190, the Ashland Comprehensive Plan and Land Use Ordinance. B. Applications for the apportionment of liens shall be made to the city recorder and shall be accompanied by a fee established by resolution of the council. The application shall describe the tract to be partitioned and the names of the owners of the respective tracts resulting from the partition. The County Assessor shall furnish to the applicant a certificate showing the assessed valuation of the tract prior to partition as of July 1 of the year in which the apportionment is requested, if PAGE 9-ASSESSMENT ORDINANCE available; or if not available, as of July 1 of the preceding year. C. The city recorder shall compute an apportionment of the lien against the real property upon the same basis as the same was originally computed and apportioned. No apportionment shall be made unless all parts of the original tract of land, taken together, after the apportionment will have a true cash value as determined from the certificate of the assessor of at least the amount of the lien as to the various tracts concerned. D. Apportionment of a final assessment resulting from a partition under this section shall be done in accordance with a resolution of the council. The resolution shall describe each parcel of real property affected by the apportionment, the amount of the final assessment levied against each parcel, the owner of each parcel and such additional information as is required to keep a permanent and complete record of the final assessments and payments. A copy of the resolution shall be delivered to the city recorder for filing in the city lien docket. E. No apportionment may be made under this section unless the deed, mortgage or other instrument evidencing the applicant's interest in the parcel has been recorded by the County Clerk, or, if the same has not been filed, the applicant files a true copy with the city recorder. 13.20.Z10 Remedies. Subject to the curative provisions of this chapter and the rights of the city to reassess, all actions of the council taken pursuant to this chapter are reviewable solely and exclusively by writ of review in accordance with the procedures in ORS 31.010 to 34.100. 13.20.220 Severability. Should any section, paragraph, sentence or word of this chapter be declared for any reason to be invalid, it is the intent of the city of Ashland that all other portions remain if effect. SECTION 2: Chapter 13.08 entitled "Sidewalk Assessments" is deleted in its entirety. SECTION 3. Classification of the fee. The fee specified in Section 13.20.200.B as set forth in Section 1 of this ordinance is classified as not subject to the limits of Section 11b of Article XI of the Oregon Constitution (Ballot Measure No. 5). The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the city Charter on PAGE 10-ASSESSMENT ORDINANCE the /~?'~ day of /_~-~_~_~ ADOPTED this~/~'~ day of ~.~i~. ~- Nan E. F~anklin City Recorder SIGNED and APPROVED this .~ day of ~~ Mayor App~pved as. to~ form: Paul Nolte city Attorney , 1993, and duly PASSED and , 1993. , 1993. PAGE 11-ASSESSMENT ORDINANCE