Chapter 3.48
SEGREGATION OF LOCAL IMPROVEMENT ASSESSMENTS
Sections:
3.48.010 Segregation of assessments allowed.
3.48.030 Cost, fees and charges.
3.48.040 Applicant in arrears – Rejection of application.
3.48.050 Resolution prepared after receipt of application.
3.48.060 Review and certification of no charges in arrears – Payment of fees and costs due.
3.48.070 Security of lien of assessment.
3.48.080 Approved resolution sent to city clerk.
3.48.010 Segregation of assessments allowed.
In accordance with RCW 35.44.410, the segregation of local improvement assessments shall hereafter be allowed upon the terms, conditions and limitations stated in this chapter. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 266 § 1, 1993. Formerly 3.34.010)
3.48.020 Application.
Any person desiring to segregate a special assessment against a tract of land to which a local improvement assessment applies, and that tract of land has been sold in part or subdivided, shall make an application therefor to the city clerk, and in such application shall provide the following information:
A. A legal description of the original tract;
B. The amount and date of the original assessment;
C. The boundaries of the divided parts and the amount of the assessment proposed to be charged each part; and
D. A statement that there are no past due assessments, fees, charges, penalties or interest in arrears against the tract of land to be segregated as of the date of application.
The application shall be signed by a person having an ownership interest in the property as verified by submission of a title report or other evidence of ownership. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 266 § 2, 1993. Formerly 3.34.020)
3.48.030 Cost, fees and charges.
There shall be due and payable to the city clerk, along with a completed application, segregation fees as established by resolution of the city council.
These fees and costs will not be refunded unless a segregation application and resulting resolution are not approved by the city council or unless a segregation application is rejected by the city clerk as set forth in BMC 3.48.040. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 266 § 3, 1993. Formerly 3.34.030)
3.48.040 Applicant in arrears – Rejection of application.
If the applicant indicates, or the city clerk determines, that there are past due assessments, fees, charges, penalties or interest in arrears against the tract of land to be segregated as of the date of application, then the city clerk is authorized to reject the application for segregation. If it is determined that an applicant does not have an ownership interest in the property described in BMC 3.48.030 or it is otherwise determined that an application is incomplete or insufficient or that the applicant has failed to properly pay the fees and costs outlined in BMC 3.48.030, then the city clerk is authorized to reject the application for segregation. In all the circumstances described in this section, the city clerk’s determination shall be final and the applicant shall have no right to appeal the clerk’s determination to the city council. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 266 § 4, 1993. Formerly 3.34.040)
3.48.050 Resolution prepared after receipt of application.
After receipt of an acceptable application for segregation, the city clerk shall cause a resolution to be prepared for presentation to the city council. The resolution shall describe the original tract, the amount and date of the original assessment, and shall define the boundaries of the divided part and the amount of the assessment chargeable to each following acceptance of the segregation. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 266 § 5, 1993. Formerly 3.34.050)
3.48.060 Review and certification of no charges in arrears – Payment of fees and costs due.
Prior to presenting a resolution for segregation to the council, the city clerk shall first certify that there are no past due fees, assessments, charges, interest, or other amounts in arrears and unpaid for the local improvement assessment sought to be segregated; and that the fees and costs due in conjunction with the submission of a segregation application have been paid. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 266 § 6, 1993. Formerly 3.34.060)
3.48.070 Security of lien of assessment.
No segregation need be made if the council shall determine that by such segregation the security of the lien for such assessment will be so jeopardized as to reduce the security for any outstanding local improvement district obligations payable from such assessments, and no segregation shall be made for segregation of property which would separate and segregate assessments so as to create partial assessments or divided assessments for a lot established by recorded plat. It is the legislative intent of this chapter that so long as the segregation proposed segregates assessments in accordance with recognized and platted lots, such segregation shall not be deemed to prejudice the security of the city unless the lot has been so damaged, ruined or otherwise decreased in value that the value of the individual lot will not exceed the amount of the individual assessment. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 266 § 7, 1993. Formerly 3.34.070)
3.48.080 Approved resolution sent to city clerk.
A certified copy and/or original of the resolution ordering segregation of the assessments, which has been approved by the city council, shall be delivered to the city clerk, who shall proceed to make the segregation ordered on the assessment rolls. From and after the city clerk’s receipt of the approved resolution, the property shall be deemed segregated in accordance with RCW 35.44.410. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 266 § 8, 1993. Formerly 3.34.080)