Chapter 3.08
LOCAL IMPROVEMENT PROCEDURE
Sections:
3.08.010 Adopted by reference.
3.08.020 City council defined.
3.08.030 Preliminary estimates.
3.08.040 Content of petitions.
3.08.055 Procedures for LID creation and administration.
3.08.060 Foreclosure—Delinquency.
3.08.080 Foreclosure—Failure to pay.
3.08.090 Foreclosure—Attorneys’ fees.
3.08.010 Adopted by reference.
Chapters 35.43, 35.44, 35.45, 35.47, 35.48, 35.49, 35.50, 35.53, 35.54, 35.55 and 35.56 RCW, and all subsequent amendments thereto, are adopted and made a part of this chapter by reference as if set out fully in this chapter. (Ord. 82-6 § 1, 1982)
3.08.020 City council defined.
Notwithstanding any other provision of this chapter or portions of the Revised Code of Washington adopted by reference in Section 3.08.010, whenever the words “city council” are used in this chapter, it means the city council of the city of Poulsbo. (Ord. 82-6 § 2, 1982)
3.08.030 Preliminary estimates.
The preliminary estimates required by RCW 35.43.130 shall be made by the city engineer. (Ord. 82-6 § 3, 1982)
3.08.040 Content of petitions.
Notwithstanding any other provision of this chapter, in addition to the requirements set forth in RCW 35.43.120, adopted by reference in Section 3.08.010, a petition for a local improvement shall also include a statement that, in the event that the local improvement district is not formed, or is discontinued as a result of protests or other legal challenge, the petitioners agree to pay all costs incurred as a result of the requirements of RCW 35.43.130, adopted by reference in Section 3.08.010, including all costs of determining the sufficiency of the petition, estimating costs of the proposed improvement, determining the boundaries of the local improvement district, preparing the preliminary assessment roll, including the fees of an appraiser or other appropriate professional retained to analyze special benefits and recommend preliminary assessments, and all preliminary engineering costs. Preliminary engineering costs are the fees for engineering services provided prior to the expiration of thirty days after the date of passage of the ordinance ordering the improvement and creating the district or, when applicable, prior to expiration of the thirty-day protest period provided for in RCW 35.43.180. (Ord. 85-57 § 1, 1985: Ord. 82-6 § 4, 1982)
3.08.045 Form of petition.
All petitions for formation of a local improvement district shall be prepared on the city’s official local improvement district petition form which shall be maintained by the city clerk. The official petition form, and any subsequent amendments thereto, shall be approved by motion of the city council. (Ord. 85-57 § 2, 1985)
3.08.050 Posting of bond.
Prior to forming an LID by the petition method, the city council shall require that a cash bond or other security be posted in a form approved by the city attorney, in an amount determined by the finance director to be sufficient to guarantee payment of the fees and costs for which the petitioners are obligated to pay pursuant to Section 3.08.040 of this code. (Ord. 85-57 § 3, 1985: Ord. 82-6 § 5, 1982)
3.08.055 Procedures for LID creation and administration.
The city clerk and finance director shall jointly establish written procedures for processing petitions requesting the formation of local improvement districts and for creating such districts pursuant to a resolution of intention of the city council. Such procedures shall also specify the method of administering local improvement districts once formed with respect to interim financing, preparation and confirmation of the final assessment roll, issuance of bonds, collection of assessments and payments of obligations on the bonds. The written procedures shall be presented to the city council and, upon approval by motion of the city council, such procedures shall become the official city procedures for creating and administering local improvement districts. Major amendments to the adopted procedure shall become effective upon approval by motion of the city council. The city clerk may approve minor amendments to the procedures as needed upon approval by the mayor including concurrence in the opinion as to the minor nature of the amendment. (Ord. 85-57 § 4, 1985)
3.08.057 Cost of increase in local improvement guaranty fund, reserve fund or other security—Determination by council.
At the time of forming a local improvement district, the city council may require that the cost and expense of the proposed improvement include an amount specified by the city council to be deposited into the city’s local improvement guaranty fund, a separate reserve fund or other security for the payment of principal and interest on the local improvement district bonds as authorized by Chapter 397, Laws of 1985 and RCW 35.44.020 as amended. (Ord. 85-57 § 5, 1985)
3.08.060 Foreclosure—Delinquency.
If on the first day of January in any year, two installments of any local improvement assessment are delinquent, or if the final installment thereof has been delinquent for more than one year, the city shall proceed with the foreclosure of the delinquent assessment or delinquent installments thereof by proceedings brought in its own name in the superior court of the county in which the city or town is situate. (Ord. 82-24 § 1 (part), 1982)
3.08.070 Foreclosure—Notice.
A. The proceedings shall be commenced at any time, but not before the city or town treasurer has notified by registered mail the persons whose names appear on the assessment roll as owners of the property charged with the assessments or installments which are delinquent, at the address last known to the treasurer, a notice thirty days before the commencement of the proceedings.
B. The notice shall state the amount due upon each separate lot, tract or parcel of land and the date after which the proceedings will be commenced. The city or town treasurer shall file with the clerk of the superior court, at the time of commencement of the foreclosure proceeding, the affidavit of the person who mailed the notices. This affidavit shall be conclusive proof of compliance with the requirements of Sections 3.08.060, 3.08.080 and this section. (Ord. 82-24 § 1 (part), 1982)
3.08.080 Foreclosure—Failure to pay.
Upon failure to pay any installment due, the entire assessment shall become due and payable and the collection thereof enforced by foreclosure; provided, that the payment of all delinquent installments, together with interest, penalty and costs at any time before entry of judgment in foreclosure shall extend the time of payment on the remainder of the assessments 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 city or town treasurer shall cause the 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. (Ord. 82-24 § 1 (part), 1982)
3.08.090 Foreclosure—Attorneys’ fees.
Upon commencement of an action to foreclose a lien pursuant to this chapter, there shall be added to the amount of the delinquent assessment or installments owing, such reasonable attorneys’ fees as the court may adjudge to be equitable, and the amount thereof shall be apportioned among each of the parties responsible for payment of such assessments or installments. (Ord. 85-57 § 6, 1985: Ord. 82-24 § 2, 1982)