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HomeMy WebLinkAbout2837 Defer Certain AssessmentsORDINANCE NO. ~3 7 AN ORDINANCE AMENDING SECTION 13.20.050.C AND ADDING SECTION 13.20.145 TO THE ASHLAND MUNICIPAL CODE TO VALIDATE REMONSTRANCES AND TO PROVIDE FOR DEFERRAL OF CERTAIN ASSESSMENTS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 13.20.050.C of the Ashland Municipal Code is amended to read: 13.20,050 Hearing on Improvement Resolution. At Testimony Considered. At the hearing regarding the improvement resolution, the council shall hear and consider testimony, both oral and written, on the improvement. 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 councirs 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. 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. Notwithstanding any document or agreement obligating an owner, or the owner's successor in interest, to be in favor of improvements or in favor a local improvement district, or any document or agreement waiving an owner's or successor's right to remonstrate against improvements or a local improvement district, such owner or successor may remonstrate and such remonstration shall qualify as a remonstrance under this section. SECTION 2. The following section 13.20.145 is added to the Ashland Municipal Code: 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 Assessments Deferral Assessment Deferral Deferral of Assessment 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. 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. 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. The city recorder shall show by an entry in the assessment lien record which property specially assessed is accorded deferral under this section. Interest shall accrue on the amount of the deferred special assessment for local improvement at the rate established in the resolution imposing final assessments. The liens for deferred special assessment for local improvement shall have the same priority as special assessment liens against real property. Page 2- ORDINANCE (F:\USER\PAUL\ORD\Iid ord n98.wpd) 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. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the 2nd Barbara Christensen, City Recorder SIGNED and APPROVED this Paul Nolte, City Attorney __ day of February , 1999, and duly '~~.Y~/ ,1999. of '~'~ ,1999. day Don Laws, Council Chairperson Page 3- ORDINANCE (F:\USER\PAUL\ORD\Iid ord n98.wpd)