Section
54-1 Definitions
54-2 Authority to assess
54-3 Initiation of projects; petitions
54-4 Survey and report
54-5 Determination on the project; notice; hearing generally
54-6 Hearing on need
54-7 Special assessment roll
54-7.5 Special assessment roll; hazards and nuisances
54-8 Filing assessment roll
54-9 Meeting to review special assessment roll; objections
54-10 Changes and corrections in assessment roll
54-11 Due date; notice of filing appeal
54-12 Partial payments
54-13 Creation of lien
54-14 Additional assessments; refunds
54-15 Additional procedures
54-16 Accounts
54-17 Contested assessments
54-18 Reassessment for benefits
54-19 Combination of projects
54-20 Assessment after completion of improvement
54-21 Hardship deferments
Charter reference:
Special assessments, see Chapter 9
Cross reference:
Finance, see § 2-151
Statutory reference:
Powers re assessments, see M.C.L.A. §§ 117.4a, 117.4d, 117.5
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
COST. When referring to the cost of any local public improvement, includes the cost of services, plans, condemnation, spreading of rolls, notices, advertising, financing, construction and legal fees and all other costs incident to the making of such improvement, the special assessments therefor and the financing thereof.
LOCAL PUBLIC IMPROVEMENT. Any public improvement which is of such a nature as to benefit especially any real property within a district in the vicinity of such improvements.
(1993 Code, § 54-1)
Cross reference:
Definitions and rules of construction generally, see § 1-2
Proceedings for the making of local public improvements within the city may be commenced by resolution of the Council. Such action may also be requested by the filing with the City Clerk of a petition signed by the owners of more than 50% of the property to be assessed for the improvement requesting that the improvement be made and the cost thereof be defrayed by special assessment upon the property benefitted, but such petition shall be advisory to the City Council only.
(1993 Code, § 54-3) (Ord. 2015-02, passed 7-27-2015)
(A) Before the Council shall consider making any local public improvement, the local public improvement contemplated shall be referred by resolution to the City Manager, directing him to prepare a report which shall include necessary plans, profiles, specifications and detailed estimates of cost, an estimate of the life of the improvement, a description of the assessment district and such other pertinent information as will permit the Council to decide the cost, extent and necessity of the improvement proposed and what part or proportion thereof should be paid by special assessments upon the property especially benefitted and what part, if any, should be paid by the city at large.
(B) The Council shall not finally determine to proceed with the making of any local public improvement until such report of the City Manager has been filed nor until after a public hearing has been held by the Council for the purpose of hearing objections to the making of such improvement.
(1993 Code, § 54-4)
(A) After the City Manager has presented the report required in § 54-4 for making any local public improvement as requested in the resolution of the Council and the Council has reviewed the report, a resolution may be passed tentatively determining the necessity of the improvement, setting forth the nature thereof, prescribing what part or proportion of the cost of such improvement shall be paid by special assessment upon the property especially benefitted and what part, if any, shall be paid by the city at large, designating the limits of the special assessment district to be affected, designating whether to be assessed according to frontage or other benefits, placing the complete information on file in the office of the Clerk where the information may be found for examination, and directing the Clerk to give notice of public hearing on the proposed improvement, at which time and place opportunity will be given interested persons to be heard.
(B) The notice of public hearing shall be given by 1 publication in a newspaper published or circulated within the city and by first class mail addressed to each owner of or person in interest in property to be assessed as shown by the last general tax assessment roll of the city. The publication and mailing shall be made at least 10 full days prior to the date of the hearing. The hearing required by this section may be held at any regular, adjourned or special meeting of the Council.
(C) The notice of hearing shall include a statement that appearance and protest at the hearing is required in order to appeal the amount of the special assessment to the state tax tribunal and shall describe the manner in which an appearance and protest shall be made.
(D) An owner or party in interest or his agent may appear in person at the hearing to protest the special assessment or shall be permitted to file his appearance or protest by letter and his personal appearance shall not be required.
(E) The City Council shall maintain a record of parties who appear to protest at the hearing. If the hearing is terminated or adjourned for the day before a party has been heard, a party whose appearance was recorded is considered to have protested the special assessment in person.
(1993 Code, § 54-5)
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