(A) New Subdivisions. For approving plans and specifications and levying special assessments for the installation of street lighting in new subdivisions, the following provisions shall apply.
(1) The developer shall submit to the Director, for his or her approval, a plan for the installation of street lights and appurtenances in the developer’s subdivision.
(2) The Director shall approve, modify or reject such plan, and in the latter two cases shall return such plan to the developer with his or her comments.
(3) The developer, if necessary, shall resubmit the revised plan and repeat the steps provided in division (A)(2) hereof.
(4) When a plan has been approved by the Director, the developer shall submit to the Director a petition requesting that power be furnished to street lights and agreeing to the levying of special assessments by the city for payment of costs for such power.
(5) CEI shall submit to the Director a proposed letter of authorization.
(6) The Director shall submit the petition and the letter of authorization to Council.
(7) The Engineer shall file the plans, specifications and estimated assessments with the Clerk of Council.
(8) Council, by ordinance, shall authorize the Director to sign and deliver the letter of authorization.
(9) Council shall adopt a resolution declaring the necessity of the improvement, approving the plans and specifications and otherwise complying with Ohio R.C. 727.12.
(10) Council, at the same meeting, shall pass the ordinance to proceed and the ordinance levying the special assessments, with the latter ordinance specifying the rate of interest to be borne for unpaid assessments.
(11) The Clerk of Council shall cause notice of the passage of the assessing ordinance to be published.
(12) Property owners shall be permitted to pay their assessments in full during the 30-day period following passage of the ordinance levying the assessments.
(13) Unpaid special assessments shall be certified to the County Auditor for collection.
(B) Fully-Developed Existing Subdivisions. As used in this division (B), “fully developed” means that all of the building lots have been sold, and dwelling units have been constructed on them, and that street lights and appurtenances thereto have been installed by CEI. For approving plans and specifications and levying special assessments for street lighting in existing subdivisions that have been fully developed, the following provisions shall apply.
(1) CEI, by July 1 of each year, shall notify the Director of the cost of street lighting in the subdivision or subdivisions for the next succeeding calendar year.
(2) The Director shall present a schedule of costs to Council.
(3) Council, by ordinance, shall approve payment of those costs from the proceeds of special assessments or from moneys to be advanced and repaid from such proceeds.
(4) The Engineer shall prepare and file with the Clerk of Council the plans, specifications and estimated assessments for the proposed improvement.
(5) Council shall adopt a resolution declaring the necessity of the improvement, approving the plans and specifications, directing the Clerk of Council to give notice of the filing of the estimated assessments and otherwise complying with Ohio R.C. 727.12.
(6) As authorized by Ohio R.C. 727.14, the Clerk of Council shall publish, one time in a newspaper of general circulation in the city, a notice to owners of lots and lands to be assessed of: (i) the adoption of the resolution of necessity; and (ii) the filing of the estimated assessments. However, if it appears from the estimated assessments filed as provided by Ohio R.C. 727.12 that the assessment against a lot or parcel of land will exceed $250, the Clerk of Council shall also provide notice to the owner of that lot or parcel in the manner provided in Ohio R.C. 727.13 (i.e., by certified mail addressed to such owner at his or her last known address or to the address to which tax bills are sent, in the same manner as summons in civil cases are served, or by a combination of the foregoing methods, or, if it appears by the return of service or the return of the certified mail notice that the owner cannot be found, by a separate publication of the notice to that owner once in a newspaper of general circulation within the city), unless the owner has waived such notice.
(7) Property owners who have not waived notice and the right to object may file their objections to the estimated assessments, or to their apportionment, with the Clerk of Council, within two weeks following completion of the service of notice.
(8) If any written objections are received, Council, by resolution, shall appoint an assessment equalization board to hear those objections and to equalize the assessments, and Council shall fix the date, time and place of such board’s first hearing.
(9) The Clerk of Council shall give notice of the date, time and place of the first hearing of the assessment equalization board to each objecting property owner by certified mail. Such notice shall be mailed at least five days before the date of such hearing.
(10) The Board shall meet to hear and consider written objections and shall submit a report of its recommendations to Council. If the board recommends that assessments be levied against any lots or lands included in the estimated assessments, or that the assessment be levied against lots or lands of any property owner who did not file a written objection, certified mail notice shall be given to such property owners, and they shall be given the opportunity to be heard at another hearing at a date, time and place specified in such notice.
(11) Council, by resolution, shall accept or reject the Board’s report. If the report is rejected, Council, by resolution, shall appoint a new board and repeat the steps provided in divisions (B)(9) and (10) hereof.
(12) Council shall pass an ordinance to proceed with the improvement, shall approve the estimated assessments, with any modifications recommended by the board, and shall agree, if applicable, to changes in costs to be paid by the city.
(13) Council shall pass the ordinance levying the special assessments and establishing the rate of interest to be borne for unpaid assessments.
(14) The Clerk of Council shall cause notice of the passage of the assessing ordinance to be published.
(15) Property owners shall be permitted to pay their assessments in full during the 30-day period following passage of the assessing ordinance.
(16) Unpaid assessments shall be certified to the County Auditor for collection.
(C) Partially Developed Existing Subdivisions in Which Street Lights Have Been Installed. For approving plans and specifications and levying special assessments for the installation of street lighting in existing subdivisions that have been partially developed and in which street lights have been installed, the following provisions shall apply:
(1) CEI, by July 1 of each year, shall notify the Director of the cost of street lighting in the subdivision for the next succeeding calendar year.
(2) The developer shall submit to the Director a petition agreeing to the levying of special assessments by the city on the lots and lands in the subdivision owned by the developer.
(3) The Director shall present the schedule of costs and the petition to Council.
(4) The provisions of divisions (B)(3) through (16) hereof shall then be followed.
(Ord. 56-92, passed 5-18-1992; Ord. 137-12, passed 9-17-2012)