Chapter 3.50
COLLECTION OF INSTALLMENTS

Sections:

3.50.010    Delinquent installments – Penalties.

3.50.020    Notice of delinquent assessments.

3.50.030    Foreclosure of delinquent assessments.

3.50.010 Delinquent installments – Penalties.

Whenever any installment upon any local improvement district assessment or utility local improvement district assessment shall become delinquent, each of such delinquent installments remaining unpaid at the date of delinquency shall have added thereto a penalty equal to the rate of interest provided by ordinance for the bonds or installment note or notes issued to pay the costs of the improvement in such local improvement district or utility local improvement district plus 10 percent. When not otherwise provided by ordinance, such delinquent installments shall bear interest at the same rate as is provided by ordinance for the final assessment roll for such local improvement district or utility local improvement district or for the bonds or installment note or notes issued in payment or part payment of the cost of the improvement in such local improvement district or utility local improvement district. (Ord. 14-421 § 1).

3.50.020 Notice of delinquent assessments.

It shall be the duty of the city treasurer on or before July 1st of each year to notify by certified mail the persons whose names appear on the assessment roll as the owners of property charged with assessments or installments which are more than two years delinquent on the January 1st preceding, or for which the final installment has been delinquent since January 1st of the preceding year, for the purpose of foreclosing the delinquent assessment or delinquent installment as provided by Chapter 35.50 RCW. If the person whose name appears on the tax rolls of the Pierce County assessor as the owner of the property, or the address shown for the owner on such rolls differs from that appearing on the city assessment roll, then the city treasurer shall also mail a copy of the notice to that person or that address. The notice shall state the amount due upon each separate lot, tract, or parcel of land and the date after which proceedings to foreclose will be commenced. (Ord. 14-421 § 1).

3.50.030 Foreclosure of delinquent assessments.

When any local improvement district or utility local improvement district assessment is payable in installments, upon failure to pay any installment due, the entire remaining balance of the assessment shall become immediately due and payable, and the collection thereof shall be enforced by foreclosure. The payment of all delinquent installments, together with interest, penalty and costs, at any time before the entry of judgment in foreclosure shall extend the time of payment on the remainder of the assessment installments as if there had been no delinquency or foreclosure. Foreclosure proceedings may be commenced at any time on or before November 15th of the year in which, on January 1st of such year, two installments of any local improvement district or utility local improvement district assessment were delinquent or the final installment was delinquent for more than one year. In case of foreclosure, there shall be added to the costs and expenses provided by Chapter 35.50 RCW such reasonable attorneys’ fees as the court may adjudge to be equitable, and the amount thereof shall be apportioned to each delinquent assessment or installment appearing on that roll. When one or more delinquent installments are paid before the foreclosure proceedings are completed, payment of such costs shall be a prerequisite to the city’s dismissal of such proceedings unless otherwise ordered by the court. (Ord. 14-421 § 1).