Chapter 5.16
IMPROVEMENTS BY PETITION
Sections:
5.16.010 Provisions of Chapter 5.12 WMC applicable to this chapter.
5.16.030 Petition and assembly action.
5.16.040 Estimates and specifications.
5.16.050 Method of determining proportion of benefits.
5.16.060 Exclusive nature of procedure.
5.16.070 Assessment roll – Preparation and contents.
5.16.080 Assessment roll – Notice of hearing.
5.16.090 Assessment roll hearing – Contents of published notice.
5.16.100 Assessment roll hearing – Contents of mailed notice.
5.16.110 Assessment roll hearing – Proof of notice mailing.
5.16.120 Assessment roll hearing – Procedures.
5.16.130 Assessment roll – Amendments.
5.16.140 Assessment roll – Timeliness of objections.
5.16.150 Assessment roll – Conclusiveness of proceedings.
5.16.170 Assessment – Interest and method of payment.
5.16.180 Assessment – Notice of time for payment.
5.16.190 Assessment – Lien on property.
5.16.010 Provisions of Chapter 5.12 WMC applicable to this chapter.
WMC 5.12.030, 5.12.040, 5.12.050, 5.12.210, and 5.12.300 are applicable to this chapter. [Ord. 392 § 1(A.270), 1980.]
5.16.020 Definitions.
Definitions provided in WMC 5.12.030 shall also apply to this chapter. [Ord. 392 § 1(A.240(10)), 1980.]
5.16.030 Petition and assembly action.
The petition shall be presented to the assembly in writing by those property owners desiring the extension or installation of the capital improvement project, which petition shall contain a promise by the property owners to pay the actual cost, the amount thereof as determined by the assembly, of the public improvement. The assembly shall, by motion, determine the necessity for the improvements and the method of apportioning the benefits. The minutes shall properly reflect the findings of the assembly as to the necessity of the improvement and the apportionment of the benefits. [Ord. 392 § 2(B.010), 1980.]
5.16.040 Estimates and specifications.
The engineering department of the borough shall make an itemized estimate based upon detailed plans and specifications, said specifications to be on file in the engineering department, said estimate to specifically include the costs for cash. [Ord. 392 § 2(B.020), 1980.]
5.16.050 Method of determining proportion of benefits.
The method of determining proportion of benefits shall be as provided in WMC 5.12.150, 5.12.160, and 5.12.170. [Ord. 392 § 2(B.030), 1980.]
5.16.060 Exclusive nature of procedure.
The procedure provided for under this chapter shall only be available where all property and the owners thereof to be benefited by the public improvement are in complete agreement as to the costs pursuant to the engineering estimate, and as to the property owners’ absolute promise to pay for the costs of labor and material. [Ord. 392 § 2(B.040), 1980.]
5.16.070 Assessment roll – Preparation and contents.
If the assembly decides to make the improvement, correct account shall be kept of all the expenses of the improvement, and as soon as the improvement is completed, the assembly shall apportion that percentage of the costs and shall assess against the various tracts of real estate in proportion to the benefit received by each. The assessment roll shall contain a brief legal description or designation of each tract of property, the name or names of the owner, or reputed owner, and the amount of the assessment. When the roll is complete the assembly shall fix the time at which to hear objections to the assessment. The clerk shall send a written notice by certified mail to each owner of a tract against which an assessment is made, stating the amount of the assessment against the tract and the time fixed by the assembly for hearing objections. [Ord. 392 § 2(B.050), 1980.]
5.16.080 Assessment roll – Notice of hearing.
When the assessment roll or rolls for any L.I.D. has or have been prepared as provided by law and this chapter, the same shall be filed with the borough clerk. A notice of hearing as set by the assembly shall be published at least once a week for two consecutive weeks in a newspaper of general circulation throughout the borough and the date of the first publication thereof shall be at least 15 days prior to the day on which the hearing will be held. Notice of such hearing shall also be mailed by certified mail at least 15 days prior to such hearing date to each owner or owners of the lots, tracts or parcels of land listed on the assessment roll at the address last shown on the tax rolls of the borough. [Ord. 392 § 2(B.050(a)), 1980.]
5.16.090 Assessment roll hearing – Contents of published notice.
The published notice of such hearing shall specify the number of the L.I.D. and a short statement of the nature of the improvements contemplated therein and shall contain any other information deemed relevant by the assembly or the borough clerk, and shall notify all persons who may desire to object to such assessment roll or any of the separate assessments appearing thereon:
A. To make their objections in writing and to file them with the borough clerk at or prior to the time fixed for the hearing;
B. That at the time and place fixed for such hearing and at times to which the hearing may be adjourned the assembly will sit as a board of equalization for the purpose of considering the roll and the separate assessments appearing thereon; and
C. That at the hearing, or the times to which it may be adjourned, the assembly will consider the objections made and will correct, revise, raise, lower, change or modify the roll or any part thereof, or set aside the roll and order the assessment to be made de novo, and at the conclusion of such hearing or hearings will confirm the roll by ordinance or resolution. [Ord. 392 § 2(B.050(b)), 1980.]
5.16.100 Assessment roll hearing – Contents of mailed notice.
The mailed notice of such hearing shall contain all of the statements and information required for the published notice and, in addition thereto, shall also contain a description of each lot, tract, or parcel of land owned by the owner to which it is addressed being assessed, and the amount of the proposed assessment against each such property. [Ord. 392 § 2(B.050(c)), 1980.]
5.16.110 Assessment roll hearing – Proof of notice mailing.
Proof of mailing of the notice shall be made by the borough clerk’s filing a certificate with the assembly to the effect that on the date in question she mailed by certified mail notices of such hearing. Such certificate shall be conclusive as to the date of mailing. [Ord. 392 § 2(B.050(d)), 1980.]
5.16.120 Assessment roll hearing – Procedures.
At the hearing, all persons concerned may present their objections to the assessment or any part of it, and point out errors and inequities, and submit reasons for amendment and corrections. The assembly may continue the hearing from time to time. After the assembly has heard all objections and suggestions, it shall correct any errors which it finds in the assessment roll as originally made and, when the roll is finally settled, the mayor shall sign the assessment roll certifying that it is the assessment roll as finally settled by the assembly. The assessment roll as certified shall be recorded in the Recorder’s Office, Wrangell Recording District, First Judicial District, State of Alaska. [Ord. 392 § 2(B.060), 1980.]
5.16.130 Assessment roll – Amendments.
If any assessment roll is amended so as to raise any separate assessment appearing thereon or to include omitted property, a new time, date and place for hearing shall be fixed and new notices of hearing on the roll shall be given as in the case of an original hearing; provided, that as to any property originally entered upon the roll, the assessment upon which has not been raised, no objections to confirmation of the assessment roll shall be considered by the assembly or by any court of appeal unless the objections were made in writing at or prior to the time fixed for the original hearing upon the assessment roll. [Ord. 392 § 2(B.061), 1980.]
5.16.140 Assessment roll – Timeliness of objections.
All objections to the confirmation of the assessment roll or any of the separate assessments appearing thereon shall be in writing and shall state clearly the grounds of objections. Objections not made in writing and not filed with the borough clerk at or prior to the time of the original hearing shall be conclusively presumed to have been waived. [Ord. 392 § 2(B.062), 1980.]
5.16.150 Assessment roll – Conclusiveness of proceedings.
Whenever any assessment roll for local improvements in any L.I.D. has been confirmed by the assembly, the regularity, validity and correctness of the proceedings relating to the improvements therein and to the assessments therefor including the action of the assembly upon the assessments roll and the confirmation thereof shall be conclusive in all things upon all parties. They cannot in any manner be contested or questioned in any proceeding by any owner unless he files written objections to the assessments roll or any separate assessment appearing thereon in the manner and within the time required by the preceding provisions of this chapter and unless he prosecutes his appeal in the manner and within the time required in this chapter. [Ord. 392 § 2(B.063), 1980.]
5.16.160 Reassessments.
Whenever an assessment authorized as provided in this chapter is set aside, annulled or declared void, or its enforcement refused by a court of competent jurisdiction, whether directly or by virtue of a decision of such court, the assembly may by ordinance or resolution make a new assessment or reassessment upon the lots, tracts or parcels of land benefited by the improvement for which such assessment was levied, in the manner provided by ordinance. [Ord. 833 § 19, 2009; Ord. 392 § 2(B.064), 1980.]
5.16.170 Assessment – Interest and method of payment.
After the assessment roll has been completed, the assembly shall fix by resolution the following:
A. The type of payments, whether lump sum or installment;
B. The date of payment or payments;
C. The percentage of the total cost of the project to which the first payment shall be equal, if to be repaid in installments; and
D. The interest rate on all deferred payments. [Ord. 392 § 2(B.070), 1980.]
5.16.180 Assessment – Notice of time for payment.
A. Within 10 days after the resolution fixing the time of delinquency is adopted by the assembly, the clerk shall mail with postage prepaid a notice to the owner of each property assessed. The notice shall designate the property, the amount of the assessment, the time of delinquency and the amount of penalty and interest provided for.
B. Within five days after the notices are deposited in the post office, the clerk shall file her affidavit setting forth the mailing. The affidavit is conclusive as to the facts stated in it except in proceedings against the clerk for perjury or for malfeasance, misfeasance or nonfeasance in office. [Ord. 392 § 2(B.080), 1980.]
5.16.190 Assessment – Lien on property.
The assessments provided for under this chapter are a first, prior, and paramount lien upon the property assessed and, when delinquent, may be enforced in the manner provided for the collection and the enforcement of general taxes. The remedy provided for in this section shall not be exclusive, but shall be in addition to all other remedies provided for by law. [Ord. 392 § 2(B.090), 1980.]