CHAPTER 14-2: ASSESSMENT FOR STREET CONSTRUCTION
SECTIONS:
14-2-2: LIMITATION ON ASSESSMENT:
14-2-3: RESOLUTION OF INTENTION:
14-2-1 DEFINITIONS:
Unless the context otherwise requires:
ACTUAL EXPENSE: The actual cost of: a) construction of or improvements to a public street, as determined by the construction contract price; and b) inspection and permit fees; and c) engineering fees required for the preparation of plans and specifications; and d) other incidental fees and costs incurred by the city in order to complete the improvements.
ALTERATION OR MAJOR ADDITION: The construction, reconstruction, addition to, improvement of, or alteration to an existing structure in excess of fifty percent (50%) of its full cash value as shown on the most recent tax roll of the Yavapai County assessor.
CHANGE OF USE OR PURPOSE: A change of zoning on an existing parcel, lot or piece of property, or the submission of a final plat (or amendment thereto) to subdivide property, or the submission of an application for an exemption or exception to any portion of the Prescott land development code.
DEVELOPMENT OR DEVELOPED: The construction of residential, commercial or industrial buildings or structures, or major additions or alterations to existing structures, and includes new buildings or structures on property having existing buildings or structures situated on such property. When such property is zoned for agricultural or single-family residential use at the time of assessment, development shall also include a change of use or purpose.
PROPERTY OWNER: The individual, corporation, partnership, trust or other legal entity that owns real property adjacent to the street right of way.
STREET: The full width of the right of way of any road, street, highway, alley, land or sidewalk used by or for the general public.
STREET IMPROVEMENTS: Include Portland cement or asphaltic concrete surfacing, aggregate base, curb and gutter, valley gutter, and concrete sidewalk, and includes the construction of new streets as well as improvements to existing streets. (Ord. 4105, 4-24-2001; amd. Ord. 4449, 1-11-2005)
14-2-2 LIMITATION ON ASSESSMENT:
(A) The assessment of an individual parcel of property, if adjacent arterial streets are involved, shall not exceed the cost of improving more than one-half (1/2) of the width and not more than one thousand (1,000) linear feet of such adjacent arterial street, except that if any parcel of land is presently being used for single-family residential use and the width of such does not exceed two hundred (200) linear feet, such property shall not be assessed greater than one-half (1/2) the cost of the average residential street within the city of Prescott.
(B) The assessment of property shall not exceed the actual expense incurred by the city at the time of construction.
(C) Any assessment under this chapter shall abate if the property has not been developed within ten (10) years of the assessment.
(D) Upon payment in full of any assessment under this chapter, the public works director shall record a satisfaction of assessment with the Yavapai County recorder. (Ord. 4105, 4-24-2001)
14-2-3 RESOLUTION OF INTENTION:
(A) Upon the determination of the public works director that the public health, safety, welfare and convenience requires the construction of or improvements to streets be made prior to the development of the adjacent property, a resolution of intention to order the improvement shall be submitted to the city council, together with a description of the manner in which the proposed assessments were calculated.
(B) Prior to action by the city council, a public hearing shall be held on the resolution of intention. Each property owner which may be subject to any assessments under this chapter shall be mailed written notice of the city council’s public hearing at least ten (10) days prior to said hearing. The city council shall receive comment at the public hearing on whether the proposed improvements are required for the public health, safety, welfare and convenience.
(C) After the public hearing is concluded, the city council shall determine whether the public health, safety, welfare and convenience require the street improvements to be made prior to the development of the adjacent property. If the city council so determines, then the city council shall adopt the resolution of intention to order the improvement, and the expense of said construction shall be assessed against the property owner in accordance with the provisions of this chapter. Each property owner which is subject to an assessment in accordance with the resolution of intention shall be mailed a copy of the approved resolution of intention. The approved resolution of intention shall also be filed with the Yavapai County recorder within five (5) days of its approval by the city council.
(D) The resolution of intention shall contain the following:
1. A description of the street, road or highway to be constructed or improved.
2. A general description of the proposed improvements, including the estimated total cost and cost per linear foot.
3. The estimated cost of assessment for each affected parcel of property.
4. The percentage of the actual expense to be assessed against each affected parcel of property.
(E) The city council’s decision on the necessity for street improvements and construction shall be final and conclusive, subject only to appeal as provided in Arizona Revised Statutes section 9-243D. Any such appeal must be filed within twenty (20) calendar days of the council’s determination of necessity. (Ord. 4105, 4-24-2001)
14-2-4 NOTICE OF ASSESSMENT:
(A) Within ten (10) days after the completion of street improvements which are the subject of a resolution of intention approved by the city council pursuant to this chapter, the public works director will:
1. Determine the actual expense of said construction or improvements.
2. Prepare the actual assessment for each parcel of land which was included within the notice of intention.
3. Mail a copy of the actual assessment for each parcel of land to the property owner of said parcel.
4. Record a notice of assessment with respect to each such parcel with the Yavapai County recorder.
(B) Upon recording the notice of assessment, the amount so assessed shall be a lien upon the real property assessed for a period of ten (10) years thereafter, or until such assessment is paid in full, and such recording shall be notice to all persons of such lien. (Ord. 4105, 4-24-2001)
(C) The city manager or his designee shall collect any unpaid assessments prior to issuing a building permit for development of any assessed property, or prior to a rezoning application or final plat (or amendment thereto) being approved, or prior to an exemption or exception to any portion of the Prescott land development code being approved. (Ord. 4449, 1-11-2005)