(A) Street improvements; assessment policy.
(1) The council may determine that certain streets within the city shall be constructed or improved prior to development of the property adjacent to the streets in accordance with state law or as hereafter provided by this article,
(2) If deemed necessary, the council may order the streets constructed or improved at city expense. The expense shall be assessed against the adjoining property subject to the following:
(a) The assessment of adjoining property for streets shall not exceed the cost of improving more than ½ of the street width;
(b) Any parcel of land, which at the time of assessment is used for single-family residential use, shall not be assessed greater than ½ the costs of a residential street; and
(c) The assessment of property for all related work shall not exceed the actual costs incurred by the city prior to and at the time of construction.
(B) Street improvements; assessment procedure.
(1) The council, at a public hearing, shall determine the necessity of street improvements if the cost thereof is to be assessed against adjacent property. Notice of the hearing shall be given to the property owners who would be assessed for the costs of the improvements by regular mail no less than 10 days prior to the date of the hearing. Notice of hearing shall contain:
(a) A description of the proposed street improvements;
(b) The estimated cost for each affected parcel of property; and
(c) The date, time and place that the council shall consider the necessity of improvements and adoption of a resolution of intention. Notice shall also be published in a newspaper of general, circulation, published or circulated in the city and, in addition, shall conspicuously be posted along the line of the proposed improvements at least 10 days prior to the hearing.
(2) The property owners and any other persons directly interested in the work or in the assessment may, prior to the time fixed for the hearing, file in the office of the city clerk a written objection briefly specifying the grounds for objection.
(3) At the public hearing, the governing body shall hear and pass upon any objections to the proposed improvements and its decision shall be final and conclusive. It may modify the extent of the proposed improvements and proceed without the necessity for republishing, reposting and remailing new notices.
(4) At the conclusion of the hearing, the council may pass its resolution of intention directing that plans, specifications and estimates of the cost and expenses of the proposed improvements be prepared.
(5) Upon completion of construction and finalization of the project, the council shall by resolution at a public hearing determine the final cost of the improvements and assess against the properties adjacent to the street improvement the total amount of the costs and expenses for the work. Notice of this public hearing shall be given to the property owners who would be assessed for the costs of improvements, by regular mail at least 10 days prior to the date of the hearing. This notice shall contain:
(a) A description of the street improvements; and
(b) The amount of the proposed assessment for each affected parcel of property.
(6) The property owners and any other persons directly interested in the work or in the assessment who have any objection to the legality of the assessment or to any of the previous proceedings connected therewith, or who claim that the work has not been performed according to the contract, may, prior to the time fixed for the hearing, file in the office of the city clerk a written notice briefly specifying the grounds for objection. At the time fixed for the hearing or at any time thereafter to which the hearing may be postponed, the council shall hear and rule upon the objections. The decision of the council shall be final and conclusive as to all errors, informalities and irregularities which the council might have remedied or avoided at any time during the progress of the proceedings.
(7) The council’s resolution shall provide that any assessments remaining unpaid shall be paid prior to or at the time of rezoning or development of the assessed property.
(8) The resolution declaring the assessment and describing the properties against which the assessments are imposed shall be recorded in the office of the Pinal County Recorder. When so recorded the amount so assessed shall be a lien upon the properties until the assessments are paid.
(9) When it is necessary to improve a full-street and sufficient right-of-way is not available, the city may obtain necessary right-of-way. by rezoning, building permit, street abandonment, donation, acquisition or condemnation. Any costs incurred by the city to obtain right-of-way shall be assessed to that respective parcel.
(C) Manner of collecting unpaid assessments at time of rezoning or development. At the time of rezoning or development of the property, the applicant shall pay the assessment as previously determined by the city prior to the city’s processing of a rezoning application or issuance of a building permit. Should the rezoning application or building permit not be approved or issued, the payment shall be returned to the applicant whereupon the process may be repeated until the property is rezoned or developed and the assessment paid.
(Ord. 1424, passed 6-19-2016)