Chapter 3.07


3.07.010    Authorized.

3.07.020    Time and notice for commencing proceedings.

3.07.030    Amount due.

3.07.040    Foreclosure of entire assessment.

3.07.050    Costs and charges.

3.07.060    Right of redemption.

3.07.010 Authorized.

Pursuant to RCW 35.50.030, whenever 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 entire assessment by proceedings brought in the superior court of Whatcom County, state of Washington. (Ord. 2187 § 1, 1995)

3.07.020 Time and notice for commencing proceedings.

The proceedings shall be commenced on or before November 1st of the year in which the city finance director/designee has notified, by certified mail, the persons whose names appear on the assessment roll as owners of the property charged with the delinquent assessments or installments. Notice shall be sent to the address last known to the city finance director/designee. Notice shall be sent 30 days prior to the commencement of proceedings. If the person whose name appears on the tax rolls of the county assessor as owner of the property, or the address shown for the owner differs from that appearing on the city assessment roll, then the city finance director/designee shall also mail a copy of the notice to that person or that address. (Ord. 2281 § 1, 1996; Ord. 2187 § 2, 1995)

3.07.030 Amount due.

The notice shall state the amount due upon each separate lot, tract, or parcel of land and the date after which the proceedings shall be commenced. The city treasurer/designee 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 this section. (Ord. 2187 § 3, 1995)

3.07.040 Foreclosure of entire assessment.

A. If all delinquent installments together with interest, penalty, and costs are paid at any time before entry of judgment in foreclosure, the time for payment on the remainder of the assessments shall be the same as if there had been no delinquency or foreclosure.

B. If delinquent installments, together with interest, penalty, costs and charges are paid at any time before the sale, the lot, tract, or parcel shall be dismissed from the action. (Ord. 2187 § 4, 1995)

3.07.050 Costs and charges.

The owner of the lot, tract, or parcel connected with the delinquent installments will be responsible for all costs and charges associated with the foreclosure procedure. (Ord. 2187 § 5, 1995)

3.07.060 Right of redemption.

In foreclosing local improvement assessments, all sales shall be subject to the right of redemption within two years from the date of sale. (Ord. 2187 § 6, 1995)