Chapter 3.40
LOCAL IMPROVEMENT DISTRICT ASSESSMENTS
Sections:
3.40.010 Applicability of chapter.
3.40.020 Public works director – Authority.
3.40.030 Public works director – Duties.
3.40.050 Failure to pay – Penalty.
3.40.070 LID bonds – Issuance.
3.40.010 Applicability of chapter.
A local improvement, the cost of which is to be borne in whole or in part by special assessments on the property benefitted thereby, may be ordered only by an ordinance, pursuant either to a resolution or petition therefor and in accordance with the provisions of Chapters 35.43 through 35.56 RCW, as now or hereafter amended. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 215 § 1, 1989. Formerly 3.30.010)
3.40.020 Public works director – Authority.
The director of public works of the city or the mayor’s designee is the city officer responsible for the tasks set forth in BMC 3.40.030. In performing those duties, the director of public works or mayor’s designee is to work with and consult with the licensed civil engineer who has been authorized by the city to provide services concerning a local improvement, and with the city attorney or legal counsel advising the city regarding formation of the local improvement district or utility local improvement district and construction and installation of the improvements therein. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 215 § 2, 1989. Formerly 3.30.020)
3.40.030 Public works director – Duties.
A. The director of public works or mayor’s designee is designated as the officer responsible for determining the sufficiency and accuracy of any petition filed to initiate a proceeding for the formation of a local improvement district or utility local improvement district. Upon the filing of a petition found by the director of public works or mayor’s designee to be sufficient or upon the adoption of a resolution initiating a proceeding for the formation of a local improvement district or utility local improvement district, the director of public works or mayor’s designee shall cause an estimate to be made of the cost and expense of the proposed improvement and shall certify it to the city council, together with all papers and information in the director of public work’s possession touching the proposed improvement, a description of the boundaries of the district, and a statement of what portion of the cost and expense of the improvement should be borne by the property within the proposed district.
B. The director of public works or mayor’s designee shall prepare the final plans and contract documents and shall obtain bids for the construction of the improvement.
C. As soon as possible after the taking effect of an ordinance ordering the formation of a local improvement district, the director of public works or mayor’s designee shall prepare a preliminary assessment roll and certify the same to the city council, which preliminary assessment roll shall contain the description of each separate lot, tract, parcel of land or other property to be assessed, the amount to be charged, levied or assessed against the same, and the name of the owner thereof, if known. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 215 § 3, 1989. Formerly 3.30.030)
3.40.040 Delinquent payments.
Whenever any installment upon any local improvement district assessment or utility local improvement district assessment becomes delinquent, that installment shall have added thereto a penalty equal to the rate of interest provided by ordinance for the bonds issued to pay the costs of the improvement in such local improvement district or utility local improvement district plus five percent or, if no bonds have been issued, the rate of interest provided by ordinance for payment of the assessment in installments plus five percent. When not otherwise provided by ordinance, the delinquent installments shall bear interest at the same rate as is provided by ordinance for the final assessment roll for the local improvement district or utility local improvement district or for the bonds issued in payment or part payment of the cost of the improvement in the local improvement district or utility local improvement district. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 215 § 4, 1989. Formerly 3.30.040)
3.40.050 Failure to pay – Penalty.
When any local improvement district or utility local improvement district assessment is payable in installments, upon failure to pay any installment due, 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 as if there had been no delinquency or foreclosure. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 215 § 5, 1989. Formerly 3.30.050)
3.40.060 Foreclosure.
Foreclosure proceedings may be commenced at any time on or before November 15th of the year in which, on the first day of January 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 attorney 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. 363 § 1(Exh. A)(part), 2009: Ord. 215 § 6, 1989. Formerly 3.30.060)
3.40.070 LID bonds – Issuance.
All local improvement district and utility local improvement district bonds shall be issued and registered in compliance with the applicable provisions of state and federal law and the ordinances authorizing the issuance and sale of the bonds. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 215 § 7, 1989. Formerly 3.30.070)