Chapter 3.20


3.20.010    Special assessment procedures—Determination of necessity for public improvements.

3.20.010 Special assessment procedures—Determination of necessity for public improvements.

Pursuant to Section 66.0701, Wisconsin Statutes, the procedure to be followed by the council in exercising special assessment powers shall be the procedure set forth in Subchapter VII of Chapter 66, Wisconsin Statutes, with the following variations.

A.    Public Hearing. The public hearing prescribed by Section 66.0703 Wisconsin Statutes, shall be held by and before the appropriate board which shall, after the hearing, recommend that the council approve or disapprove the report or to modify the same in accordance with such changes as the board deems necessary to accomplish a fair and equitable assessment.

B.    Use of Procedures Subsequent to Improvement. The words “proposed” and “contemplated” shall have no effect where used in Section 66.0703, Wisconsin Statutes to modify the words “improvement” or “work,” the purpose of this and the following variations being the adaptation of the standard procedural provisions of the statutes for use in the event of assessment subsequent to authorization or construction of the improvement as well as at the time contemplated therein, but otherwise to retain and prescribe for the city the statutory formula of report, notice, hearing, assessment, appeal and the like.

C.    Passage of Resolution. The resolution required by Section 66.0703(1), Wisconsin Statutes, may be passed at any time before, during or after the construction or installation of the municipal work or improvement in question.

D.    Engineer’s Report. If the resolution required by subsection C of this section is passed after the work or improvement is completed, the report required by Section 66.0703(5), Wisconsin Statutes, shall consist of:

1.    Final plans and specifications;

2.    A statement of the actual cost of the work or improvement;

3.    A statement as to each parcel of property affected, of:

a.    The assessment of benefits to be levied,

b.    The damages awarded or to be awarded for property taken or damaged,

c.    The net amount of such benefits over damages or the net amount of such damages over benefits;

4.    A statement that the property against which the assessments are proposed is benefited where the work or improvement constitutes an exercise of the police power. In such case, the statements required under subsection D(3) of this section shall be replaced by a schedule of the proposed assessments.

E.    Ratifying or Authorizing Improvement. If the resolution required by Section 66.0703(1), Wisconsin Statutes, is passed after the work or improvement has been authorized, commenced or completed, when the council finally determines to proceed with the assessment therefor, it shall ratify the work or improvement as commenced or completed and the plans and specifications therefor, and shall adopt a resolution directing that the work or improvement, if not completed, be carried out in accordance with the report as finally approved, and that payment for the work or improvement, whether completed or not, be made as provided in the report.

F.    Right of Appeal. Whenever the work or improvement is authorized, commenced or completed prior to the final resolution levying assessments therefor, upon the publication or posting of the final resolution as required by Section 66.0703(8), Wisconsin Statutes, the variation in the original provision for payment of the cost of the work or improvement shall be deemed authorized and all awards of damages or compensation and assessments provided for in the final resolution shall be deemed duly and legally made, subject to the right of appeal provided for in Section 66.0703(12), Wisconsin Statutes. (Ord. 1851 § 1, 2002: prior code § 3.08)