Chapter 3.18
SEGREGATION OF LOCAL IMPROVEMENT DISTRICT ASSESSMENTS
Sections:
3.18.010 Segregation of local improvement district assessments authorized upon partial sale or subdivision.
Whenever any land against which there has been levied any special assessment by the city shall have been sold in part or subdivided, the city council shall have the power to order a segregation of such assessment pursuant to RCW 35.44.410, incorporated by reference for code cities in RCW 35A.43.010. Such segregation shall be conditioned upon the following:
A. A finding by the city council that the security of the lien for such assessment will not be so jeopardized as to reduce the security for any outstanding local improvement district obligation payable from such assessment and that the assessment is current.
B. Payment by the applicant of a fee of ten dollars for each tract of land for which a separate assessment is to be made.
C. Payment by the applicant of the actual engineering and clerical costs incurred by the city incident to making the segregation. (Ord. 446 § 1 (part), 1983)
3.18.020 Procedure.
A. Application. Any person desiring to have a special assessment, which was levied by the city against a tract of land, segregated to apply to smaller parts thereof shall apply to the city finance director, in writing, on a form provided by the finance director therefor and furnish a recorded plat map for the new legal descriptions.
B. Fees/Charges. At the time of such application the applicant shall pay a ten dollar per parcel fee, make the assessment current if it is not already, and pay an estimated segregation charge in an amount to be established by city council pursuant to such periodic resolution as council, from time to time, approves and updates. The ten dollar per parcel fee shall be placed in trust pending outcome of the request by the city council.
C. Segregation by City Engineers. Upon verification by the city finance director of a completed application, payment of fees, and current assessment, the finance director shall furnish the city engineer with the plat map and instructions to compute the amount of each new proposed segregated assessment. The segregation shall be made as nearly as possible on the same basis as the original assessment was levied and the total of the segregated parts of the assessment shall equal the assessment before segregation. The engineer shall then furnish the city finance director with a new roll and assessment map with new legal descriptions and the amount of each new proposed assessment. The city engineer shall also furnish the finance director with its charge for each segregation and the account number to which the charge is to be applied.
D. Preparation of Resolutions. The city finance director shall thereupon notify the applicant of the engineering and clerical charges, the amount due or to be refunded, if any, and the proposed date for consideration by council. Upon payment by the applicant of the amount due, if any, for engineering and clerical charges, the finance director shall prepare a resolution ordering the segregation to be made. The resolution shall describe the original tract, the amount and date of the original assessment, and shall define the boundaries of the divided parts and the amount of the assessment chargeable to each part.
E. Council Action. Upon completion of all the above, the council shall determine whether a segregation should be made. If so, it shall adopt the resolution prepared by the finance director with such amendments, if any, as it deems proper and necessary. After adoption of a resolution, a copy shall be certified by the city clerk to the finance director who shall deposit the fees held in trust and proceed to make the segregation ordered by preparing new accounts, prorating costs, and computing new installments and interest. In the event the council does not approve the requested segregation, the city finance director shall refund the segregation fees held in trust. (Ord. 446 § 1 (part), 1983)