Chapter 12A.17LOCAL IMPROVEMENT DISTRICTS

Sections:

12A.17.010
Procedures relating to local improvement districts and utility local improvement districts.
12A.17.020
Powers and duties of city engineer - Assessment roll.
12A.17.030
Delinquent installments - Penalties.
12A.17.040
Notice of delinquent assessments.
12A.17.050
Foreclosure of delinquent assessments.
12A.17.060
Issuance of bonds.
12A.17.010Procedures relating to local improvement districts and utility local improvement districts.

A local improvement, the cost of which is to be borne in whole or in part by special assessments on the property benefited thereby, may be ordered only by an ordinance, pursuant either to a resolution or petition therefor and in accordance with the provisions of Chapter 35.43 RCW through Chapter 35.56 RCW, as amended. (Ord. 593 § 3, 2014.)

12A.17.020Powers and duties of city engineer - Assessment roll.

A. The city engineer 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 city engineer 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 city engineer 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 city engineer’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 owners within the proposed district.

B. The city engineer shall prepare the final plans and contract documents and shall obtain bids for the construction of the improvement. (Ord. 593 § 4, 2014.)

12A.17.030Delinquent installments - Penalties.

Whenever any installment upon any local improvement district assessment or utility local improvement district assessment shall become delinquent, each such delinquent installment remaining unpaid at the date of delinquency shall have added thereto a penalty equal to the rate of interest provided by ordinance for the bonds or installment note or notes issued to pay the costs of the improvement in such local improvement district or utility local improvement district plus five (5) percent. When not otherwise provided by ordinance, such delinquent installments shall bear interest at the same rate as is provided by ordinance for the final assessment roll for such local improvement district or utility local improvement district or for the bonds or installment note or notes issued in payment or part payment of the cost of the improvement in such local improvement district or utility local improvement district. (Ord. 593 § 5, 2014.)

12A.17.040Notice of delinquent assessments.

It shall be the duty of the city treasurer on or before the first day of July of each year to notify by certified mail the persons whose names appear on the assessment roll as the owners of property charged with assessments or installments which are more than two (2) years delinquent on the first day of January preceding, or for which the final installment has been delinquent since the first day of January of the preceding year, for the purpose of foreclosing the delinquent assessment or delinquent installment as provided by Chapter 35.50 RCW. If the person whose name appears on the tax rolls of the Pierce County assessor as the owner of the property, or the address shown for the owner on such rolls differs from that appearing on the city assessment roll, then the city treasurer shall also mail a copy of the notice to that person or that address. The notice shall state the amount due upon each separate lot, tract, or parcel of land and the date after which proceedings to foreclose will be commenced. (Ord. 593 § 6, 2014.)

12A.17.050Foreclosure of delinquent assessments.

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 installments as if there had been no delinquency or foreclosure. Foreclosure proceedings may be commenced at any time on or before November 15 of the year in which, on the first day of January of such year, two (2) installments of any local improvement district or utility local improvement district assessment were delinquent or the final installment was delinquent for more than one (1) year. In case of foreclosure, there shall be added to the costs and expenses provided by Chapter 35.50 RCW, such reasonable attorneys’ 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 (1) 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. 593 § 7, 2014.)

12A.17.060Issuance of bonds.

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. 593 § 8, 2014.)