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HomeMy WebLinkAbout2976 Local Improvement & Special Assessment Amends AMC 13.20 ORDINANCE NO. a9/1o AN ORDINANCE AMENDING CHAPTER 13.20, LOCAL IMPROVEMENT AND SPECIAL ASSESSMENT, AMENDING SECTIONS 13.20.010 THRU 13.20.050 AND SECTION 13.20.210, RELATING TO DEFINITIONS, INITIATION OF IMPROVEMENTS, RESOLUTION NOTICE AND CONTENT, WAIVERS OF REMONSTRANCE; AND REMEDIES Annotated to show deletions and additions to the code sections being modified. Deletions are bold . and additions are in bold underline. WHEREAS, the City of Ashland wishes to modify its Local Improvement District ordinance to make changes to definitions, to modify provisions regarding improvement resolutions, and remedies and to modify provision regarding waivers of remonstrance to more closely conform with case law regarding freedom of speech and expression; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 13.20.010 is hereby amended to read as follows: 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 223.001 310.140 (9)(a) means a capital construction proiect. or part thereof. undertaken by a local aovernment. pursuant to ORS 223.387 to 223.399. or pursuant to a local ordinance or resolution prescribina the procedure to be followed in makina local assessments for benefits froim a local improvement upon the lots that have been benefited by all or a part of the improvement: (1) That provides a special benefit only to specific properties or rectifies a problem caused by specific properties: and (2) The costs of which are assessed aaainst those properties in a sinale assessment upon the completion of the proiect: and (3) For which the property owner may elect to make payment of the assessment plus appropriate interest over a period of at least 10 years. 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. Page 1 of 5 rrl SECTION 2. Section 13.20.020 is hereby amended to read as follows: 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. parkina. sewer. water. irriaation. sidewalk. electric. fiber network. street liahts. 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 600/0 iO% 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 usina the same methodoloay proposed for the local improvement. Whenever all of the owners of any property to be benefitted benefited 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. SECTION 3. Section 13.20.030 is hereby amended to read as follows: SECTION 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 specially benefitted benefited; B. Ootional Provisions. The improvement resolution may include the follOWing: 1. A determination whether the property benefitted benefited shall bear all or any portion of the cost of the local improvement, based upon the estimated cost; Page 2 of 5 ---------- rr-. 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 4. Section 13.20.040 is hereby amended to read as follows: 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 Deliverina 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 benefited 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 benefited 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 5. Section 13.20.050 is hereby amended to read as follows: 13.20.050 Hearing on Improvement Resolution A. Testimonv Considered. At the hearing regarding the improvement resolution, the council shall hear and consider testimony, both oral and written, on the improvement. B. Aooroval 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 Page 3 of 5 -- "ill council's discretion shall not be limited by the fact that a majority of the benefitted 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 a period of six lID months. Once the six months has expired. unless the Council initiates the improvement on its own initiative. it is the petitioner's responsibility to re-submit a new petition for the proiect 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 in 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 hearina and exercise their First Amendment riaht to oppose or support the proposed local improvement district. but such exercise shall not invalidate or nullify existina contractual waivers of remonstrance. remonstrate and such remonstration shall qualify as a remonstrance under this section. 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. 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 benefited 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. Page 4 of 5 ------'------- -rr- T SECTION 6. Section 13.20.210 is hereby amended to read as follows: 13.20.210 Remedies / Review of Assessment. Notwithstandina any of the provisions of this ordinance or ORS 223.387 to 223.399. and consistent with ORS 223.401. owners of any property aaainst which an assessment for local improvements has been imposed may seek a review thereof under the provisions of ORS 34.010 to 34.100. Subjest to the curati'Je pro',:isions of this shapter and the rights of the city to reassess, all actions of the counsil taken pursuant to this chapter are re'Jie'..Jable solely and exclusi'.~ely by ,.,a:rit of re'Jie':: in accordanGe lLNith the procedures in ORS 31.010 to 34.100. SECTION 7. Severability.. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 8. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (Le. Sections 7 and 8) need not be (i()dified and the City Recorder is authorized to correct any incorrect cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the It. day of .f~ ' 2008, and duly PASSED and ADOPTED this " day of , 2009. ~ tJt~ Barbara M. Christensen, City Recorder SIGNED and APPROVED this 1 day of J~~ 2009 ~Jt~ hn Stromberg, May r Reviewed as to form: Richard Appic I , City Attorney Page 5 of 5 -- --rr T