Chapter 3.28
DELINQUENT ASSESSMENTS1
Sections:
3.28.010 Definitions.
3.28.020 Foreclosure – Generally.
3.28.030 Foreclosure – Procedure by finance director.
3.28.040 Foreclosure – Alternate procedure.
3.28.050 Penalty.
3.28.010 Definitions.
A. Whenever in this chapter the words “installment thereof” or “installment” are used, such words or word are intended and shall be held to mean one of the equal annual installments of such original assessment, in all cases where local improvement bonds have been or are to be issued in payment of the local improvement made, or where the local improvement is to be paid for in installments.
B. Whenever in this chapter the terms “local improvement assessment,” “local assessment,” “original assessment” or “assessment” are used, such words or word are intended and shall be held to mean any special assessment levied by the city on the property specially benefited, for paying the costs and expense of making local improvements, under the provisions of Chapters 35.43 through 35.56 RCW. (1957 code § 8.04.010.)
3.28.020 Foreclosure – Generally.
Whenever a local improvement assessment upon property is payable in installments, and whenever any installment of such assessment is not paid when due, the entire assessment shall at once become due and payable and the collection thereof shall be enforced in the manner prescribed in this chapter; provided, however, that payment of such delinquent installment or installments due, together with interest, penalty and cost, at any time before entry of judgment in foreclosure proceedings, shall extend the time of payment on the remainder of the assessment the same as if there had been no delinquency or foreclosure. Where foreclosure of two installments of the same assessment on any lot, tract or parcel is sought, the finance director shall cause such lot, tract or parcel to be dismissed from the action, if the installment first delinquent together with interest, penalty, costs, and charges is paid at any time before sale. (1957 code § 8.04.020.)
3.28.030 Foreclosure – Procedure by finance director.
Whenever, on the first day of January of any year, two installments of any local improvement assessment are delinquent, or the final installment of any such assessment or the entire assessment where payable on the “immediate payment” plan has been delinquent for more than one year, the finance director shall, on or before the first day of July of such year, proceed with the foreclosure of such assessment, or installments thereof, in accordance with Chapter 35.50 RCW. (1957 code § 8.04.030.)
3.28.040 Foreclosure – Alternate procedure.
In lieu of the foreclosure procedure specified in ACC 3.28.030, the city council may, by ordinance, direct the city attorney to institute foreclosure proceedings, in accordance with the laws of the state. (Ord. 2974 § 1, 1976; 1957 code § 8.04.040.)
3.28.050 Penalty.
A penalty of 12 percent of all delinquent local improvement district assessments or installments thereof of the city heretofore or hereafter levied is fixed and charged. Such penalty shall become due on the date of delinquency of any such assessment or installment thereof, shall be added to the same, and shall be included in and become a part of the assessment lien, and shall be collected by the city in the same manner as all local improvement district assessments or installments thereof. (Ord. 3774 § 1, 1982; Ord. 3765 § 1, 1982; Ord. 3500 § 1, 1980; 1957 code § 8.04.050.)
For statutory provisions on foreclosure of assessments for local improvements, see Ch. 35.50 RCW; for provisions making Ch. 35.50 RCW applicable to code cities, see RCW 35.A.43.010.