§ 1.20  ASSESSMENT OF OTHER SPECIAL CHARGES.
   Prior to any assessment of special charges, the City Manager or the Manager’s designee shall seek voluntary payment of the following charges by notifying the owner of the property in writing of the amount and basis for the charge. In accordance with applicable state law, on or before October 1 of each year the unpaid charge, with any late fees and administrative charges, together with interest thereon at the maximum lawful rate permitted under state law, to be charged against said lot or parcel of land, together with a description of the premises and the name of the supposed owner, shall be certified to the County Auditor and shall be collected in the same manner as taxes or special assessments against the premises. The charge shall be a perpetual lien on the premises until paid. Prior to the certification to the County Auditor, the owner shall be given written notice of the proposed assessment and have the right to a hearing before an independent hearing officer to determine the propriety of the charge to be assessed. Thereafter, the independent hearing officer shall make a report that includes recommendations to the City Council as to whether the charge should be collected as a special assessment against the real property. Subsequently, the property owner shall be provided an opportunity to be heard before the City Council.
   (a)   Special charges against real property. The independent hearing officer may, where the charge against the property is contested, conduct hearings at the Bloomington Civic Plaza to determine the following facts:
      (1)   Whether the type of disputed unpaid special charge qualifies for special assessment pursuant to M.S. § 429.101, as it may be amended from time to time, or § 12.15 of the City Charter;
      (2)   Whether the amount to be assessed is correct;
      (3)   Whether the property was correctly identified;
      (4)   Whether the owner of the property was correctly identified; and
      (5)   Whether the special assessment procedure set forth in M.S. Chapter 429, as it may be amended from time to time, was properly followed by the city.
   (b)   Public health nuisance abatements. The independent hearing officer may, where the abatement cost is contested, conduct hearings at the Bloomington Civic Plaza to determine whether all or a portion of the city’s cost of abating a public health nuisance pursuant to M.S. § 145A.04, subd. 8, as it may be amended from time to time, is properly subject to special assessment against the benefited real property pursuant to M.S. § 145A.08, as it may be amended from time to time, and if so, whether the special assessment procedure set forth in M.S. Chapter 429, as it may be amended from time to time, was properly followed by the city. The property owner may not contest the underlying basis for the abatement at this time.
   (c)   Hazardous building abatements. The independent hearing officer may, where the cost of the abatement is contested, conduct hearings at the Bloomington Civic Plaza to determine whether all or a portion of the city’s cost of repair, removal or correction of a hazardous building or hazardous building condition pursuant to M.S. § 463.21, as it may be amended from time to time, is properly subject to special assessment against the real property pursuant to M.S. Chapter 429, as it may be amended from time to time, and if so, whether the special assessment procedure set forth in M.S. Chapter 429, as it may be amended from time to time, was properly followed by the city. The property owner may not contest the underlying basis for the abatement at this time.
   (d)   Delinquent utility charges. The independent hearing officer may, where the cost of the delinquent utility charges are contested, conduct hearings at the Bloomington Civic Plaza to determine the propriety of the charge to be assessed pursuant to M.S. § 444.075, as it may be amended from time to time. The property owner may not contest the underlying basis for the utility charges at this time.
   (e)   Public nuisance abatements. The independent hearing officer may, where the cost of the abatement is contested, conduct hearings at the Bloomington Civic Plaza to determine whether all or a portion of the city's cost of abating the public nuisance pursuant to M.S. Chapters 609 and 617, as they may be amended from time to time, is properly subject to special assessment against the benefited real property pursuant to M.S. Chapters 609 and 617, as they may be amended from time to time, and if so, whether the special assessment procedure set forth in M.S. Chapter 429, as it may be amended from time to time, was properly followed by the city. The property owner may not contest the underlying basis for the abatement at this time.
(Ord. 2011-19, passed 8-15-2011; Ord. 2016-24, passed 10-24-2016)