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No suit or action of any kind shall be instituted or maintained for the purpose of contesting or enjoining collection of any special assessment unless within 30 days after confirmation of the special assessment roll written notice is given to the City Clerk of intention to file such suit or action, stating grounds on which it is claimed such assessment is illegal, and unless such suit or action shall be commenced within 60 days of confirmation of the roll.
(1993 Code, § 54-17)
Whenever the Council shall deem any special assessment invalid or defective for any reason whatever or if any court of competent jurisdiction shall have adjudged such assessment to be illegal for any reason whatever, in whole or in part, the Council shall have power to cause a new assessment to be made for the same purpose for which the former assessment was made, whether the improvement or any part thereof has been completed and whether any part of the assessment has been collected or not. All proceedings on such reassessment and for the collection thereof shall be made in the manner as provided for the original assessment. If any portion of the original assessment shall have been collected and not refunded, it shall be applied upon the reassessment and the reassessment shall to that extent be deemed satisfied. If more than the amount reassessed shall have been collected, the balance shall be refunded to the person making such payment.
(1993 Code, § 54-18)
The Council may combine several districts into 1 project for the purpose of effecting a saving in the costs of the local public improvement assessed under the provisions of this chapter; provided, however, that for each district there shall be established separate funds and accounts to cover the cost of the improvement.
(1993 Code, § 54-19)
If funds are on hand or a revolving fund exists to defray the expense of any public improvement prior to the completion thereof, a special assessment roll to defray such cost may be made within 30 days after the improvement is completed based upon the actual cost thereof. The proceeds from such special assessment shall be used to reimburse the account or fund from which the cost of the improvement was derived.
(1993 Code, § 54-20)
The City Manager may grant a deferment of the annual installment payments due on special assessments for street and sidewalk improvements on homestead properties in case of hardship, subject to the following.
(A) The payment of special assessment installments may be deferred for owners who meet the terms and conditions of this section annually for a period not to exceed 20 years or until the property is sold or until 1 year after the owner's death; however, the death of a spouse shall not terminate deferral of an assessment on homestead property owned by a husband and wife. The gross amount of the annual special assessment installment eligible for deferment under this section shall not be less than $300.
(B) To receive deferment, the owner shall annually certify to the City Manager on or before July 1 that his annual household income does not exceed HUD Section 8 income limits for Eaton County for very low income families.
(C) The owner shall execute and deliver to the City Clerk a lien in recordable form in favor of the city indicating the amount of the annual special assessment deferred, plus interest as provided in subsection (D), and identifying the homestead.
(D) The payment of special assessment installments deferred under this section which are subsequently made by the owner or owner's estate shall include interest computed at the rate of .005% per month or fraction of a month.
(E) The City Treasurer shall not report as delinquent any special assessment installment which is deterred under this section for which a lien has been recorded in favor of the city, until such time as the term of the deferment expires as provided in division (A) above.
(F) A hardship deferment shall not be granted by the City Manager where the owner of homestead property is eligible for a deferment of special assessment on that homestead pursuant to Public Act 225 of 1976, being M.C.L.A. §§ 211.761 et seq.
(Ord. passed 11-24-2003; Am. Ord. passed 9-26-2005)