Chapter 13.08
DELINQUENT SEWER ASSESSMENTS Revised 3/18

Sections:

13.08.010    Delinquent Assessments.

13.08.020    Conditions Precedent to Foreclosure.

13.08.030    Foreclosure Proceedings.

13.08.040    Interest and Penalties.

13.08.050    Sales to Collect Delinquent Assessments.

13.08.060    Department of Finance to Collect Sewer Assessments. Revised 3/18

13.08.070    Record of Transactions. Revised 3/18

13.08.075    Administrative Cancellation of Delinquent Sewer Assessments. Revised 3/18

13.08.080    Governing Law.

13.08.090    Severability.

13.08.010 Delinquent Assessments.

Whenever any ULID sewer assessments become delinquent, the collection thereof shall be enforced in the manner prescribed by Chapters 35.49 and 35.50 RCW. (Ord. 2013-25s § 2 (part), 2013)

13.08.020 Conditions Precedent to Foreclosure.

A.    The County shall proceed with the foreclosure of the delinquent assessment by proceedings brought in its own name in the Superior Court of Pierce County.

B.    This notice shall be sent by certified mail to the persons whose names appear on the assessment roll as owners of the property charged with the assessments which are delinquent, at the address last known to the Pierce County Assessor-Treasurer's Office.

C.    The notice shall state the amount due on each separate lot, tract or parcel of land and the date after which the proceedings will be commenced. The Assessor-Treasurer's Office or delegate shall file with the Clerk of the Superior Court at the time of commencement of the proceeding the affidavit of the person who mailed the notices. This affidavit shall be conclusive proof of compliance with the requirements of this Section and RCW 35.50.030.

(Ord. 2013-25s § 2 (part), 2013)

13.08.030 Foreclosure Proceedings.

The foreclosure proceedings shall be accomplished in accordance with the procedures set forth in RCW 35.50.220 through 35.50.270. (Ord. 2013-25s § 2 (part), 2013)

13.08.040 Interest and Penalties.

Assessments, when delinquent, shall be subject to the interest charges provided for in the ordinance ordering the ULID improvement(s), or in the ordinance confirming the assessment roll and levying the assessment, and shall also bear a penalty of 12 percent on the assessment and the interest thereon until the date of sale. (Ord. 2013-25s § 2 (part), 2013)

13.08.050 Sales to Collect Delinquent Assessments.

The last step in foreclosing the delinquent assessments is to move for summary judgment and obtain an order of sale on the property. Once summary judgment is signed, the entire assessment and foreclosure costs shall become due and must be paid to redeem the parcel from foreclosure. If the assessment remains unpaid, the property goes to sale where the minimum bid is the outstanding amount of the assessment, interest, penalty, and foreclosure costs. The successful bidder from the sale shall receive a Certificate of Sale; however, no deed can be issued until the redemption period has expired two years from the date of the sale. (Ord. 2013-25s § 2 (part), 2013)

13.08.060 Department of Finance to Collect Sewer Assessments. Revised 3/18

All ULID assessments for sewers, either current or delinquent, shall be collected by the Finance Department. The Director of Finance or designee shall execute and sign all receipts for payment of assessments. (Ord. 2017-12s § 2 (part), 2017; Ord. 2013-25s § 2 (part), 2013)

13.08.070 Record of Transactions. Revised 3/18

The Finance Department shall maintain records in detail of all transactions relating to the payment of principal, interest and penalties in every ULID. (Ord. 2017-12s § 2 (part), 2017; Ord. 2013-25s § 2 (part), 2013)

13.08.075 Administrative Cancellation of Delinquent Sewer Assessments. Revised 3/18

A.    The Director is authorized to issue an order administratively canceling or writing-off any delinquent ULID sewer assessments, including the principal, interest and penalties, under the following limited circumstances:

1.    The County has taken all feasible legal action to enforce collection of the delinquent assessments;

2.    A foreclosure sale has been attempted but no one bid on the subject property at the sale;

3.    The ULID sewer assessment has been delinquent for more than three years;

4.    The Department has determined that administratively writing off a delinquent ULID sewer assessment will not have a material adverse affect on the ability of the County to repay its sewer revenue bonds or other obligations to which such ULID assessment is pledged; and

5.    The Department has determined that it is extremely unlikely that the delinquent ULID sewer assessment can ever be recovered.

B.    A copy of the order shall be transmitted to the Pierce County Assessor-Treasurer's Office and to the Finance Department so their records can be appropriately updated. Following implementation of the order, the subject property shall be disposed of pursuant to the procedures set forth in Chapter 2.110 PCC.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2013-25s § 2 (part), 2013)

13.08.080 Governing Law.

In the event of any conflict between this Chapter and Chapters 35.49 or 35.50 RCW, the provisions of the State statutes shall govern. (Ord. 2013-25s § 2 (part), 2013)

13.08.090 Severability.

If any provision of this Chapter or its application to any person or circumstance is held invalid or unenforceable, the remainder of the Chapter or the application of the provision to other persons or circumstances shall not be affected. (Ord. 2013-25s § 2 (part), 2013)