Chapter 12.16
IMPROVEMENT PROCEDURES
Sections:
12.16.010 Initiating improvements.
12.16.030 Action on engineer’s report or waiver.
12.16.040 Resolution and notice of hearing.
12.16.050 Manner of doing work.
12.16.080 Method of assessment and alternative methods of financing.
12.16.090 Assessment ordinance.
12.16.100 Notice of assessment.
12.16.110 Lien record and foreclosure proceedings.
12.16.120 Errors in assessment calculations.
12.16.130 Supplemental assessments.
12.16.160 Abandonment of proceedings.
12.16.170 Curative provisions.
12.16.010 Initiating improvements.
(1) When the council considers it necessary to require that improvements to a street, sewer, water, sidewalk, parking, curbing, drain, or other public improvement defined in ORS 223.387 be paid for in whole or in part by special assessment according to benefits conferred, the council shall declare by resolution that it intends to make the improvement and direct the city engineer to make a survey of the improvement and file a written report with the recorder.
(2) When owners of one-half of the property that will benefit by improvements defined in subsection (1) of this section request by written petition that the council initiate an improvement, the council may declare by resolution that it intends to make the improvement and file a written report with the recorder. (Ord. 2375 § 1, 1981)
12.16.020 Engineer’s report.
Unless the council directs otherwise, the engineer’s report shall contain the following:
(1) A map of plat showing the general nature, location and extent of the proposed improvement and the land to be assessed for payment of the cost.
(2) Plans, specifications and estimates of work to be done. If the proposed project is to be carried out in cooperation with another governmental agency, the engineer may adopt plans, specifications and estimates of that agency.
(3) An estimate of probable cost of the improvement, including legal, administrative and engineering costs.
(4) An estimate of unit cost of the improvement to the benefited properties, per square foot, per front foot, or another unit of cost.
(5) A recommendation concerning the method of assessment to be used to arrive at a fair apportionment of the whole or a portion of the cost of the improvement to benefited properties.
(6) A description of each lot, parcel of land, or portion of land to be benefited, with names of the record owners and, when readily available, names of contract purchasers, as shown on books and records of the Columbia County tax department. To describe each lot or parcel of land under provision of this section, it shall be sufficient to use the tax account number assigned to the property by the tax department or the book and page designations shown on books and records of the Columbia County clerk.
(7) A recommendation regarding the rate of interest, to be determined by the council to be paid on assessments bonded under the Bancroft Bonding Act and ORS Chapter 223. (Ord. 2375 § 2, 1981)
12.16.030 Action on engineer’s report or waiver.
After the engineer’s report is filed with the recorder, the council may by resolution approve the report, modify the report and approve it as modified, require the engineer to supply additional or different information for the improvement, or abandon the improvement. The council may proceed without an engineer’s report and failure to do so shall not affect the validity of assessments made pursuant to this chapter. (Ord. 2375 § 3, 1981)
12.16.040 Resolution and notice of hearing.
After the council has approved the engineer’s report as submitted or modified, or if the council is proceeding without an engineer’s report, the council shall declare by resolution that it intends to make the improvement and direct the recorder to give notice of the council’s intention by two publications, one week apart, in a newspaper of general circulation in the city. The notice shall contain the following:
(1) That the report of the engineer is on file in the office of the recorder and is subject to public examination.
(2) That the council will hold a public hearing on the proposed improvement on a specified date, which shall be no less than 10 days after the first publication of notice, at which objections and remonstrances to the improvement will be abandoned for not less than six months if written remonstrances are filed before or during the hearing by owners of two-thirds of the property to be assessed.
(3) A description of the property to be benefited by the improvement, owners of the property as shown on books and records of the Columbia County tax department, and the engineer’s estimate of total cost of the improvement to be paid by special assessment to benefited properties. For purposes of this subsection, it shall be sufficient to describe the property to be benefited by the tax account number assigned to the property and used by the Columbia County tax department or the book and page designations shown on books and records of the Columbia County clerk. (Ord. 2375 § 4, 1981)
12.16.050 Manner of doing work.
The council may provide in the improvement resolution that the construction work may be done in whole or in part by the city, by contract, by another governmental agency, or by a combination thereof. (Ord. 2375 § 5, 1981)
12.16.060 Hearing.
If written remonstrances represent less than the amount of property required to defeat the proposed improvement, the council may by motion at the time of the hearing or within 60 days thereafter, on the basis of written remonstrances and oral objections, order the improvement carried out in accordance with the resolution or, if the project was initiated by council motion and not by petition of property owner, abandon the improvement. (Ord. 2375 § 6, 1981)
12.16.070 Calls for bids.
The council may direct the recorder to advertise for bids for construction of all or part of the improvement project. If part of the improvement work is to be done under contract bids, the council shall proceed in accordance with procedures of state law for public contracting. No contract shall be let until after the public hearing has been held to hear remonstrances and oral objections to the proposed improvement. (Ord. 2375 § 7, 1981)
12.16.080 Method of assessment and alternative methods of financing.
(1) The council, in adopting a method of assessing the cost of the improvement, may:
(a) Use any just and reasonable method to determine the extent of an improvement district consistent with the benefits derived.
(b) Use any just and reasonable method of apportioning the sum to be assessed among the benefited properties.
(c) Authorize payment by the city of all or part of the cost of an improvement when in the opinion of the council the topographical or physical conditions, unusual or excessive public travel, or other character if the work involved warrants only partial payment or no payment of the cost by the benefited property.
(2) Nothing contained in this section shall preclude the council from using other means of financing improvements, including federal and state grants-in-aid, sewer charges or fees, revenue bonds, general obligation bonds, or other legal means of finance. If other means of financing are used, the council may levy special assessments according to benefits derived to cover any remaining part of the cost. (Ord. 2375 § 8, 1981)
12.16.090 Assessment ordinance.
(1) If the council determines the public improvement shall be made, when the estimated cost is ascertained on the basis of the contract award of city departmental cost or after the work is done and the cost has been actually determined, the council shall determine whether the benefited property shall bear all or a portion of the cost. The recorder or other person designated by the council shall prepare the proposed assessment for each lot within the assessment district and file the assessments in the recorder’s office.
(2) Notice of the proposed assessment shall be mailed to the owner of each lot proposed to be assessed at the address shown on the Columbia County tax assessor’s rolls. The notice shall state the amount of assessment proposed on the property and fix a date by which time objections shall be filed with the recorder. An objection shall state the grounds for the objection.
(3) Within 60 days of the date fixed for filing objections, the council shall:
(a) Consider the objections and may adopt, correct, modify or revise the assessment against each lot in the district according to special and peculiar benefits accruing to it from the improvement.
(b) By ordinance, spread the assessment. (Ord. 2375 § 9, 1981)
12.16.100 Notice of assessment.
(1) Within 10 days after the ordinance levying assessments has been passed, the recorder shall send a notice of assessment to the owner of the assessed property by registered or certified mail and publish notice of the assessment twice in a newspaper of general circulation in the city. The first publication of notice shall be not later than 20 days after the date of the assessment ordinance.
(2) The notice of assessment shall include the name of the property owner, a description of the assessed property, the amount of the assessment, and the date of the assessment ordinance and shall state that interest will begin to run on the assessment and the property will be subject to foreclosure unless the owner either makes application to pay the assessment in installments within 10 days after the date of the first publication of notice or pays the assessment in full with 30 days after the date of the assessment ordinance. (Ord. 2375 § 10, 1981)
12.16.110 Lien record and foreclosure proceedings.
(1) After passage of the assessment ordinance, the recorder shall enter into the docket of liens a statement of the amount assessed on each lot, parcel of land or portion of land, a description of the improvement, names of property owners, and the date of the assessment ordinance. On entry in the lien docket, the amounts shall become liens and charges on the lots, parcels of land or portions of land that have been assessed for improvement.
(2) Assessment liens of the city shall be superior and prior to all other liens or encumbrances on property insofar as state law permits.
(3) Thirty days after the date of the assessment ordinance, interest shall be charged at the rate determined by the council in the assessment ordinance, and the city may foreclose or enforce collection of assessment liens in the manner provided by state law.
(4) The city may enter a bid on property being offered at a foreclosure sale. The city bid shall be prior to all bids except those made by persons who would be entitled under state law to redeem the property. (Ord. 2375 § 11, 1981)
12.16.120 Errors in assessment calculations.
Claimed errors in the calculation of assessments shall be called to the attention of the recorder, who shall determine whether there has been an error. If there has been an error, the recorder shall recommend to the council an amendment to the assessment ordinance to correct the error. On enactment of the amendment, the recorder shall make the necessary correction in the docket of liens and send a corrected notice of assessment by registered or certified mail. (Ord. 2375 § 12, 1981)
12.16.130 Supplemental assessments.
If an assessment is made before the total cost of the improvement is ascertained, and if the amount of the assessment is insufficient to defray expenses of the improvement, the council may declare the insufficiency by motion and prepare a proposed supplemental assessment. The council shall set a time for hearing objections to the supplemental assessment and direct the city recorder to publish one notice in a newspaper of general circulation in the city. After the hearing, the council shall make a just and equitable supplemental assessment by ordinance, which shall be entered in the docket of liens as provided by SHMC 12.16.110. Notice of the supplemental assessment shall be published and mailed and collection of the assessment shall be made in accordance with SHMC 12.16.110 and 12.16.120. (Ord. 2375 § 13, 1981)
12.16.140 Rebates.
On completion of the improvement project, if the assessment previously levied on any property is found to be more than sufficient to pay the cost of the improvement, the council shall ascertain and declare the excess by ordinance. When declared, the excess amounts must be entered on the lien docket as a credit on the appropriate assessment. If an assessment has been paid, the person who paid it or that person’s legal representative shall be entitled to payment of the rebate credit. (Ord. 2375 § 14, 1981)
12.16.150 Remedies.
(1) Subject to curative provisions of SHMC 12.16.170 and rights of the city to reassess as provided in SHMC 12.16.180, proceedings for writs of review and suits for relief may be filed not earlier than 30 days or later than 60 days after filing written objections as provided by SHMC 12.16.090.
(2) A property owner who has filed a written objection with the recorder before the public hearing may have the right to apply for a writ of review based on the council’s exercising its functions erroneously or arbitrarily or exceeding its jurisdiction to the injury of a substantial right of the owner if the facts supporting the claim have been specifically set forth in the written objection.
(3) A property owner who has filed a written objection with the recorder before the public hearing may begin a suit for relief based on a total lack of jurisdiction on the part of the city. If notice of the improvement was not sent to the owner and if the owner did not have actual knowledge of the proposed improvement before the hearing, the owner may file a written objection alleging lack of jurisdiction with the recorder within 30 days after receiving notice or knowledge of the improvement.
(4) A provision of this section shall not be construed to lengthen the period of redemption or to affect the running of a statute of limitation. A proceeding on a writ of review or suit for relief shall be abated if proceedings are commenced and diligently pursued by the council to remedy or cure alleged errors or defects. (Ord. 2375 § 15, 1981)
12.16.160 Abandonment of proceedings.
The council may abandon proceedings for improvements made under this chapter at any time before final completion of the improvements. If liens have been placed on property under this procedure, they shall be canceled and payments made on assessments shall be refunded to the person who paid them or to that person’s legal representative. (Ord. 2375 § 16, 1981)
12.16.170 Curative provisions.
(1) An improvement assessment shall not be rendered invalid by reason of:
(a) Failure of the engineer’s report to contain all information required by SHMC 12.16.020.
(b) Failure to have all information required in the improvement resolution, assessment ordinance, lien docket, or notice required to be published and mailed.
(c) Failure to list the name of or mail notice to an owner of property as required by this chapter.
(d) Any other error, mistake, delay, omission, irregularity, or other act, jurisdictional or otherwise, in the proceedings or steps specified, unless it appears that the assessment is unfair or unjust in its effect on the person complaining.
(2) The council shall have authority to remedy and correct all matters by suitable action and proceedings. (Ord. 2375 § 17, 1981)
12.16.180 Assessment.
When an assessment, supplemental assessment, or reassessment for an improvement made by the city has been set aside, annulled, declared or rendered void, or its enforcement restrained by a court of the state or by a federal court having jurisdiction, or when the council doubts the validity of the assessment, supplemental assessment, reassessment, or any part of it the council may make a reassessment in the manner provided by state law. (Ord. 2375 § 18, 1981)