Chapter 3.44
DELINQUENCY OF LOCAL IMPROVEMENT ASSESSMENTS
Sections:
3.44.010 Initiation of proceedings.
3.44.020 Acceleration of installments due.
3.44.040 Notice – Affidavit of mailing.
3.44.050 Statement of delinquency.
3.44.060 Institution of foreclosure proceedings.
3.44.070 Attorney’s fees authorized.
3.44.010 Initiation of proceedings.
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, foreclosure proceedings shall be commenced on or before April 1st of that year. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 54 § 1, 1977. Formerly 3.32.010)
3.44.020 Acceleration of installments due.
If, on the first of January in any year, any two installments of any local improvement assessment are delinquent, then the entire assessment shall at that time become due and payable and collection enforced by foreclosure proceedings. Payment of all delinquent installments together with interest, penalty and administrative costs at any time before entry of judgment in foreclosure shall extend the time of payment on the remaining assessments as if there had been no delinquency or foreclosure. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 54 § 2, 1977. Formerly 3.32.020)
3.44.030 Notice – Content.
On or before February 1st of each year, the city treasurer shall mail a notice to the persons whose names last appear on the assessment roll as owners of the property charged with the delinquent assessments at the address last known to the treasurer. The notice shall contain the following:
A. The local improvement district number;
B. The assessment number;
C. The legal description and street address of each separate lot, tract or parcel of land;
D. The number of delinquent installments and the amount due on each separate lot, tract or parcel of land including penalty and interest through the next installment anniversary date;
E. The date after which foreclosure proceedings will commence;
F. The date such notice was mailed. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 54 § 3, 1977. Formerly 3.32.030)
3.44.040 Notice – Affidavit of mailing.
Immediately upon mailing the notices as set forth in BMC 3.44.030, the treasurer shall prepare an affidavit of mailing. Said affidavit shall contain the following statements:
A. That the affiant is, and at all times relevant has been, the duly appointed and acting treasurer of the city;
B. The affiant mailed the notices, postage prepaid, more than thirty days prior to the date of the foreclosure proceedings to the persons whose names appear on the assessment rolls as owners of the parcels charged with delinquent local improvement district assessments at the address last known to the treasurer;
C. That the notices stated the number of delinquent installments and amount due on each separate lot, tract or parcel, including penalty and interest through the next installment anniversary date, and the date after which foreclosure proceedings would be commenced;
D. That a true and correct copy of each notice sent is attached to the affidavit. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 54 § 4, 1977. Formerly 3.32.040)
3.44.050 Statement of delinquency.
A. Following the date set forth in the notice after which foreclosure proceedings would be commenced, the treasurer shall prepare a statement of delinquency. The statement shall contain the following:
1. A legal description of each separate lot, tract or parcel of land or other property upon which local improvement district assessments or installments are delinquent;
2. The date of delinquency, the number of installments that are delinquent and the amount due including penalty and interest through the next installment anniversary date;
3. The name of the owner as it appears on the assessment roll or a statement that the owner is unknown;
4. The number and date of passage of the ordinance authorizing the improvement;
5. The number and date of passage of the ordinance confirming the assessment roll;
6. The number of the local improvement district or utility local improvement district and the assessment number for each separate lot, tract or parcel of land.
B. Attached to said statement shall be a certificate of the treasurer certifying that the attached statement of delinquency is complete, correct and contains the information set forth in this section. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 54 § 5, 1977. Formerly 3.32.050)
3.44.060 Institution of foreclosure proceedings.
The treasurer shall transmit the certificate and statement of delinquency together with the affidavit of mailing as set forth in BMC 3.44.050 to the city attorney. The city attorney shall then institute foreclosure proceedings as set forth by law. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 54 § 6, 1977. Formerly 3.32.060)
3.44.070 Attorney’s fees authorized.
In any action to enforce the collection of delinquent local improvement district or ULID assessments, the city shall recover, in addition to all other costs and expenses provided by law, reasonable attorney’s fees, and the amount thereof against each separate tract, lot or parcel of land shall be set by the court. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 54 § 7, 1977. Formerly 3.32.070)