HomeMy WebLinkAbout2008-1201 Documents Submitted at Meeting
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At your October 20, 2008 City Council Meeting
1) The Public Works Director presented two new questions for Council to consider
regarding the LID.
· Should the City continue to define LID policy though a resolution? Or should all
proposed LID revisions be reflected through an amendment to AMC 13.20?
· Should the City continue to subsidize LID projects with street funds when the
existing improved street system has a $2 million per year backlog of street repair
projects?
2) The Public Works Director responded November 5, 2007, LID Council Study
Session questions and presented a draft ordinance amending AMC 13.20.
· The Council questioned many of the proposed ordinance amendments,
but in general indicated support for all of the proposed amendments.
· However, a majority of the Council expressed concern over removing
the City subsidy for LID projects but agreed that the City subsidy
should be lowered.
3) Following a robust Council discussion, the Council generally agreed with the
proposed revisions to the ordinance and then spent the remaining time discussing
how the City should participate in LID's.
4) A majority of the Council indicated a desire to continue LID subsidies, although
there was consensus to:
. reduce the amount of the subsidy and,
. to either have a proposed percentage or a cap for residential properties
rather than both.
So, staff presentation tonight focuses on the City's participation in LID's which is
currently governed by Resolution 1999-09.
Resolutions 1999-09 has two sections that relate to subsidies (see attached Resolution
1999-09).
Section 1 City Participation outlines the percentage of City participation in an LID
project.
In this section, the subsidies are separated into four categories (sidewalk, storm drain,
street surface, and engineering and administrative costs).
In order to begin the conversation about reducing the City's participation, staffhas
prepared the following chart.
Staff suggests that each of the four categories be further divided into sub-categories
ensuring City participation in those projects that impact or benefit the community
generally.
Staff proposes to reduce the subsidies for projects that primarily benefit adjacent property
owners to zero.
Pl;J.ceoIlOverhead (discuss current subsidy and basic rational for additional sub
categories)
ltttRl"~veIllen.t eurtentSuosidy ProDosed Catet!:Ories Staff Subsidy Council
Recommendation Recommendation
Sidewalk 60% Arterial 50%
Collector 50%
Safe Route To School 50%
General 0%
Stonn..Dtaitt 75% Regional Facilitv 60%
Stream Restoration 60%
1 8" Diameter or Eauivalent 60%
Stonnwater Convevance S vstem
General 0%
StteefSma.ce 20% Arterial 20%
Collector 10%
Residential 0%
JEijgm~glija 50% These costs are included in the 0%
Administrative total project cost estimates
. Note that the amount of the proposed City subsidies includes all potential City
revenues (SDC, grants, etc.)
Section 3 Maximum Assessment on Residential Properties of Resolution 1999-09 sets a
cap or maximum amount any residentially zoned property can be assessed for an LID
project.
The resolution set the cap at $4,000 in 1999 but allowed the cap to increase based on the
Engineering News Record Construction Cost Index for Seattle Washington.
The 2008 cap with the inflationary increase is now at $5,426.
The cap artificially inflates the total City subsidy for an LID project.
An example of the impact a cap has on the City's participation in an LID project can be
described by looking at the proposed Beach Street LID project.
The total cost of the proposed Beach Street LID was $277,000.
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There were 26 assessment units on the Beach Street LID project so the assessment with
out a subsidy would have been $10,654 per assessed units.
The impacts of City subsidies are as follows:
Assessment
Assessment without subsidy
Assessment with subsidy
(section 1 of Resolution 1999-09)
Assessment with subsidy $ 5,426
(sections 1 & 3 Resolution 1999-09)
Property Owner Assessment City Participation
$10,654 100% 0%
$ 7,144 67% 33%
51%
49%
Staff is recommending that Section 3 be deleted from Resolution 1999-09.
Place section 1 subsidy back on overhead
Restate the question. .. Does the Council want to continue LID subsidies and
If so, how much (refer to overhead chart)
Does the Council want to continue to place a Cap on LID Projects
If so, how much
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ASHLAND MUNICIPAL CODE
CHAPTER 13.20
LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS
SECTIONs:
13.20.010 Definitions.
13.20.020 Initiation of Local Improvements.
13.20.030 Content of Improvement Resolution.
13.20.040 Notice of Hearing Regarding Improvement Resolution.
13.20.050 Hearing on Improvement Resolution.
13.20.060 Method of Assessment.
13.20.070 Notice of Assessment.
13.20.080 Address To Which Notices Should Be Sent.
13.20.090 Deficit Assessments or Refunds.
13.20.100 Rebates and Credits.
13.20.110 Description of Real Property; Effect of Error In Name of Owner.
13.20.120 Lien Records and Foreclosure Proceedings.
13.20.130 Errors in Assessment Calculations.
13.20.140 Installment Payments of Assessments.
13.20.145 Deferral of Assessment Payments.
13.20.150 Abandonment of Proceedings.
13.20.160 Manner of Doing Work.
13.20.170 Curative Provisions.
13.20.180 Construction of Improvement: Bids.
13.20.190 Reassessments.
13.20.200 Apportionment of Liens Upon Partition.
13.20.210 Remedies.
13.20.220 Severability.
SECTION 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 310.140 (9) (a) means a ~apital
~onstruction proiect. or part thero[ undertaken by a local govelnment. pursuant to ORS 223.387
to 223.399. or pursuant to a local ordinance or resolution prescribing the procedure to be followed
in making local assessments for benefits from a local improvement upon the lots that have been
benefited by all or a part of the improvement.
(A) That provides a special benefit only to specific properties or rectifies a problem caused
by specific properties 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.
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.
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SECTION 13.20.020 Initiation of Local Improvements.
Whenever the council in its discretion deems it necessary to make any local improvement to construct.
alter. repair. or improve any street. transit. parking. sewer. water. irrigation. sidewalk. electric. fiber
network. street lights. storm drain or any other local improvements 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 the owners of property that would
benefit specially from the local improvement and that would have at least ~% of the anticipated
assessment as estimated by the city engineer. Property within the proposed district boundary.
owned by the City. shall be counted in support of local improvement district formation at the
same rate as any other property owner using the same methodology proposed for the local
improvement.
Whenever all of the owners of any property to be benefitfed and assessed for any local improvement have
signed a petition directed and presented to the council requesting such local improvement, the council
may initiate and construct such local improvement without publishing or mailing notice to the owners of
the affected property and without holding a public hearing regarding the proposed local improvement.
(Ord 2731, 1994; amended Ord 2755, 1995)
SECTION 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
benefitfed;
B. Ovtional Provisions. The improvement resolution may include the following:
1. A determination whether the property benefitfed 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.
SECTION 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 Deliverin2 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.
C. Content of Notice.
1. The notice shall contain:
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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.
SECTION 13.20.050 Hearing on Improvement Resolution.
A. T estimonv 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
benefited 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 six (6) months. Once the six months has expired it
is the petitioner's responsibility to re-submit a new petition for the project that meets the requirements
outline in 13.20.020 (B). 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.
Notwithstanding any document or agreement obligating an owner, or the owner's successor in
interest, to be favor of improvements or in favor of a local improvement district, or any document of
agreement waiving an owner's or successor's right to remonstrate against improvements of a local
improvement district, such owner or successor may appear at the public hearing and exercise their
First Atnendment right to oppose or support the proposed local improvement district. but such
exercise shall not invalidate existing contractual waivers of remonstrancc Pelft6Bstfftte anEI SlieR
Peftl6BatftltieB shell fll:l8lify as a feJBeBMfBftee lHlS8f tms seetieB~_(Ord 283781, 1999)
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 by more than ten percent 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 properties within the local improvement district. No new publication regarding the
amended improvement need be made.(Ord 2731, 1994)
E.' Creation of Local Inu>rovement 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.
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IF. 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.
SECTION 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 total assessment for the project the council may 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. If
any actual assessment to be levied on an individual lot exceeds the original estimated assessment by
more than ten percent, the council shall review such increase at the public hearing described in
section 13.20.060.E. (Ord 2731, 1994)
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.
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.
D. SUDDlementarv 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.
E. HearinQ: ReQ:ardin~ Proj)osed 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.
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ASHLAND MUNICIPAL CODE
SECTION 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 subj ect 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.
SECTION 13.20.080 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 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.
SECTION 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.
SECTION 13.20.100 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.
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ASHLAND MUNICIPAL CODE
SECTION 13.20.110 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 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 fmal
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.
SECTION 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 portiOl1, 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.
SECTION 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 fmds that there has been an error in fact, the city recorder shall recommend to the council an
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ASHLAND MUNICIPAL CODE
amendment to the assessment resolution to correct the error. Upon adoption of the correcting resolution,
the city recorder shall cause the correction to be made in the city lien record and shall cause a corrected
notice of assessment to be sent by frrst class mail to the owners of all affected properties.
SECTION 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 fmal 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.
SECTION 13.20.145 Deferral of Assessment Payments.
An owner may elect to defer payment of the amount of special assessment for a local improvement
assessed on potential units pursuant to this chapter. The election shall be made by filing a claim for
deferral with the city recorder. The effect of filing the claim shall be to defer payment of the amount of
special assessment for local improvement on potential units. Potential units are those lots identified as
such in the resolution fixing the final assessments for a local improvement district. Potential units are
determined by using the potential unit method which establishes the maximum number of potential units
on properties within a proposed local improvement district by taking into consideration the zoning,
densities, topography, transportation, utilities and such other factors as necessary to evaluate the
development potential of the properties. The claim for deferral shall be effective for the calendar year for
which it is filed and for each subsequent year until the occurrence of one or more of the events described
in this section.
A. In order to qualify for deferral of payment of special assessment for local improvement amounts
under this section, the owner must meet the following requirements at the time the claim for
deferral is filed and thereafter so long as payment of the amount of special assessment for local
improvement is deferred:
1. The owner filing the claim must own the fee simple estate or be purchasing the fee simple
estate under a recorded instrument of sale.
2. The property with respect to which the claim is filed must have an assessment levied upon it
for potential units. The deferment will only apply to the potential units, not lots or parcels
which exist as of the date final assessments are imposed.
B. A claim for deferral under this section shall be in writing on a form prescribed 'by the city
recorder and shall:
1. Describe the lot or parcel upon which the potential units exist.
2. Recite facts establishing the eligibility for the deferral under the provisions of this section.
3. Be verified by a written declaration of the applicant making the claim to the effect that the
statements contained in the claim are true.
4. Be filed within 30 days after notice of the assessment is received.
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ASHLAND MUNICIPAL CODE
C. The city recorder shall show by an entry in the assessment lien record which property specially
assessed is accorded deferral under this section.
D. Interest shall accrue on the amount of the deferred special assessment for local improvement at
the rate established in the resolution imposing final assessments.
E. The liens for deferred special assessment for local improvement shall have the same priority as
special assessment liens against real property.
F. All deferred special assessments for local improvement, including accrued interest, become
payable when:
1. The property with respect to which deferral of collection of special assessment for local
improvement is claimed is sold, or a contract to sell is entered into, or some person, other
than the owner who claimed the deferral or other than a surviving spouse of such owner who
elects to continue the deferral, becomes the owner of the property. The surviving spouse may
elect to continue the property in its deferred status if the election is filed in the same manner
as a claim for deferral is filed under section 13.20.145.B within six months of the death of the
spouse who claimed the deferral. Thereupon, the property with respect to which the deferral
is claimed shall continue to be subject to special assessment deferral.
2. When any sale, contract to sell or any other transfer occurs and a surviving spouse does not
elect to continue the deferral, the amounts of deferred special assessment for local
improvement, including accrued interest, shall be due and payable on the sale or transfer
of the property.
3. If the amounts falling due as provided in this section are not paid on the indicated due date,
the amounts shall be deemed delinquent as of that date and the property shall become subj ect
to foreclosure.
(Ord 283782, Added, 02/16/1999)
SECTION 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.
SECTION 13.20.160 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.
SECTION 13.20.170 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
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proceedings or steps specified in this chapter, if such proceedings or steps were made in a good faith
effort to comply 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.
SECTION 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.
SECTION 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.
SECTION 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 lien holder 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 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
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ASHLAND MUNICIPAL CODE
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.
SECTION 13.20.210 Remedies / R~view of Assessment.
Notwithstanding any of the provisions of this ordinance or ORS 223.387 to 233.299. and consistent with
ORS 223.401. owners of any property against which an assessment for local improvements has been
imposed may seek a review thereof under the provisions ofORS 34.010 to 34.100. 8liBjeet te tfte etifftti...e
l'f8ylisie8:B ef this eliaf'ter Me the Figkts ef tile eity te fe8BSesS, all aetieBs ef tfte eelHleil talam l'lttlftt8ftt te
this e~ter Me perliewaBle selel)' Me eKellisiy:ely BY \.y:fit ef ferlie~.\' ift aeeef8enee 7{itk tke I'reseeltfes iR
ORE 31.919 te 31.199.
SECTION 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. (Ord. 2705, 1993)
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13.20 Local Improvements and Special Assessments
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.
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
Cou nty Assessor.
13.20.020 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 the owners of property that
would benefit specially from the local improvement and that would have at least 500/0 of the
anticipated assessment as estimated by the city engineer.
Whenever all of the owners of any property to be benefitted and assessed for any local
improvement have signed a petition directed and presented to the council requesting such local
improvement, the council may initiate and construct such local improvement without publishing
or mailing notice to the owners of the affected property and without holding a public hearing
regarding the proposed local improvement.
(Ord 2731, 1994; amended Ord 2755, 1995)
13.20.030 Content of Improvement Resolution
A. Mandatory 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
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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.
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 Hearing 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
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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.
Notwithstanding any document or agreement obligating an owner, or the owner's successor in
interest, to be favor of improvements or in favor of a local improvement district, or any
document of agreement waiving an owner's or successor's right to remonstrate against
improvements of a local improvement district, such owner or successor may remonstrate and
such remonstration shall qualify as a remonstrance under this section. (Ord 2837 51, 1999)
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 by more than ten percent 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 properties within the local improvement district. No new
publication regarding the amended improvement need be made.(Ord 2731, 1994)
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 total assessment for the project the
council may 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. If any actual
assessment to be levied on an individual lot exceeds the original estimated assessment by more
than ten percent, the council shall review such increase at the public hearing described in
section 13.20.060.E. (Ord 2731, 1994)
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:
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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.
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.
D. 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.
E. Hearing Regarding 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, ifunpaid 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.
13.20.080 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
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.
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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.
13.20.100 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.
13.20.110 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 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.
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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 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.
13.20.145 Deferral of Assessment Payments
An owner may elect to defer payment of the amount of special assessment for a local
improvement assessed on potential units pursuant to this chapter. The election shall be made
by filing a claim for deferral with the city recorder. The effect of filing the claim shall be to defer
payment of the amount of special assessment for local improvement on potential units.
Potential units are those lots identified as such in the resolution fixing the final assessments for
a local improvement district. Potential units are determined by using the potential unit method
which establishes the maximum number of potential units on properties within a proposed local
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improvement district by taking into consideration the zoning, densities, topography,
transportation, utilities and such other factors as necessary to evaluate the development
potential of the properties. The claim for deferral shall be effective for the calendar year for
which it is filed and for each subsequent year until the occurrence of one or more of the events
described in this section.
A. In order to qualify for deferral of payment of special assessment for local improvement
amounts under this section, the owner must meet the following requirements at the time the
claim for deferral is filed and thereafter so long as payment of the amount of special
assessment for local improvement is deferred:
1. The owner filing the claim must own the fee simple estate or be purchasing the fee simple
estate under a recorded instrument of sale.
2. The property with respect to which the claim is filed must have an assessment levied upon it
for potential units. The deferment will only apply to the potential units, not lots or parcels which
exist as of the date final assessments are imposed.
B. A claim for deferral under this section shall be in writing on a form prescribed by the city
recorder and shall:
1. Describe the lot or parcel upon which the potential units exist.
2. Recite facts establishing the eligibility for the deferral under the provisions of this section.
3. Be verified by a written declaration of the applicant making the claim to the effect that the
statements contained in the claim are true.
4. Be filed within 30 days after notice of the assessment is received.
C. The city recorder shall show by an entry in the assessment lien record which property
specially assessed is accorded deferral under this section.
D. Interest shall accrue on the amount of the deferred special assessment for local
improvement at the rate established in the resolution imposing final assessments.
E. The liens for deferred special assessment for local improvement shall have the same priority
as special assessment liens against real property.
F. All deferred special assessments for local improvement, including accrued interest, become
payable when:
1. The property with respect to which deferral of collection of special assessment for local
improvement is claimed is sold, or a contract to sell is entered into, or some person, other than
the owner who claimed the deferral or other than a surviving spouse of such owner who elects
to continue the deferral, becomes the owner of the property. The surviving spouse may elect to
continue the property in its deferred status if the election is filed in the same manner as a claim
for deferral is filed under section 13.20.145.B within six months of the death of the spouse who
claimed the deferral. Thereupon, the property with respect to which the deferral is claimed shall
continue to be subject to special assessment deferral.
2. When any sale, contract to sell or any other transfer occurs and a surviving spouse does not
elect to continue the deferral, the amounts of deferred special assessment for local
improvement, including accrued interest, shall be due and payable on the sale or transfer of the
property.
3. If the amounts falling due as provided in this section are not paid on the indicated due date,
the amounts shall be deemed delinquent as of that date and the property shall become subject
to foreclosure.
(Ord 2837 52, Added, 02/16/1999)
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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.
13.20.160 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.
13.20.170 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 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.
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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 lien holder 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 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.
13.20.210 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.
(Ord 2705, 1993)
http://www.ashland.or.us/CodePrint.asp?Branch=True&CodeID=2802
12/1/2008