(A) Initiatory resolution. When, in the opinion of the Council, any sidewalk needs to be constructed, rebuilt or repaired, it shall by resolution direct the City Manager to prepare a report containing any information it may request concerning the work.
(B) Plans and specifications. The City Manager shall prepare or cause to be prepared, plans and specifications of the work to be done, a schedule of lands affected and other information as the Council may have requested.
(C) Report of City Manager. The City Manager shall prepare his or her report and include in it a schedule of all property affected by the work proposed to be done, pertinent information on the parcels as are owned by public authorities, and other information as the Council may have requested; and shall present it to the Council along with plans and specifications, together with his or her recommendation as to what part, if any should be a general obligation of the city, the number of installments in which the assessments should be spread and the lands which should be included in the special assessment district.
(D) Alternate procedure. When, in the opinion of the City Manager, any sidewalks need to be constructed, rebuilt or repaired, he or she may request or cause to be prepared, plans and specifications of the work needed to be done and a schedule of the lands affected. The City Manager shall submit the information, along with his or her report and recommendations to the Council, in the same manner as though the Council had requested it.
(E) Resolution of determination. After reviewing the plans and specifications and the report of the City Manager, the Council shall, if it so desires, determine by resolution that the work be done, setting forth the details concerning it, prescribe a form of notice, and direct the Clerk/Treasurer to give the notice by publication or by first class mail, addressed to the last known address of the owner of the land to be assessed.
(F) Contents of notice. The notice shall specify the extent of the work to be done, describe the property affected by the work, and require the owner to perform the work promptly in accordance with the plans and specifications of the engineer and designate a time within which the same shall be done.
(G) Work done by city. If, at the expiration of the time limit specified in the notice, within which the work must be done, the owner has not complied with the requirements thereof, the Council shall by resolution, order the sidewalks to be constructed, rebuilt or repaired under the direction of the City Manager by the proper department, or may do the work by contract or by hire.
(H) City Manager’s duties. The City Manager shall take all steps necessary to carry out the directions of the Council in performing all work ordered, shall keep, or cause to be kept, an accurate record of all expense in connection therewith, and upon completion of the work to be performed, shall submit a report of the work done and of all the expense in connection therewith, to the Council.
(I) Assessment of costs. The Council shall, by resolution, after examination of the City Manager’s report, determine what amount or part of each expense shall be charged and the person, if known, against whom, and the premises upon which the same shall be levied as a special assessment. By resolution the Council shall determine the number of installments in which the assessment may be paid; determine the rate of interest to be charged on installments, not to exceed 6% per annum; designate the district or land and premises upon which special assessment shall be levied; direct the Assessor to prepare a special assessment roll in accordance with the Council’s determination and designate the name by which the assessment shall be known and referred to. As often as the Council shall deem expedient, notice of the several amounts so reported and determined shall be given by the Clerk/Treasurer either by first class mail sent to the last known address of the owner as shown on the assessment roll of the city or by publication.
(J) Special assessment roll. The Assessor shall thereupon prepare a special assessment roll including all lots and parcels of land within the special assessment district designated by the Council and shall assess to each lot or parcel of land sums as may have been directed by the Council.
(K) Certificate of assessor. When the Assessor shall have completed the assessment roll, he or she shall attach thereto and endorse thereon, his or her certificate to the effect that the roll has been made by him or her pursuant to a resolution of the Council (giving date of adoption of same) and that in making the assessment therein, he or she has, as near as may be, according to his or her best judgment, conformed in all respects to the directions contained in the resolution and the Charter and the provisions of this chapter. Thereupon, he or she shall file the special assessment roll with the Clerk/Treasurer who shall forthwith give notice as has been required by the Council.
(L) Notice of hearing on roll. Upon receipt of the special assessment roll, the Clerk/Treasurer shall give notice as has been directed by the Council, which notice shall state the basis of the assessment, the amount thereof, describe the property affected thereby and give a reasonable time, which shall not be less than 30 days, in which a hearing may be had thereon or payment made.
(M) Hearing on objections. In the event payment is not made within the time specified in the resolution and notice, the Council shall meet at the time and place provided and hear any objections to the roll as prepared.
(N) Corrections and changes. The Council may correct the roll as to any assessment or description of any lot or parcel of land or other errors appearing therein. Any changes made in the roll shall be noted in the Council minutes.
(O) Confirmation of roll. After the hearing, the Council shall confirm the special assessment roll with corrections as may have been made and the Clerk/Treasurer shall endorse the date of confirmation thereon and upon confirmation, the roll shall be final and conclusive.
(P) Alternate procedure under improvement procedure. The Council may, if it so desires, disregard the proceedings under this section and proceed entirely under the improvement procedure provided in this chapter, either as an individual improvement program or in conjunction with any other improvement program.
(Ord. 54, passed 12-3-1953; Ord. 182, § 1, passed 2-13-2012)