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Unless otherwise specifically provided in this article, whenever any charge or assessment is made upon land due to work performed or improvements made on the land or on adjoining public property which benefits or improves the land to be charged or assessed, or due to the elimination of a nuisance thereon by the City, or any officer or employee, or any relocation expenses by the City, or the incurring of any expenses by the City pursuant to abatement of imminent hazards in accord with the provisions of section 12.1.115 of this Code or the incurring of any expense by the City for the removal of graffiti, the following procedures shall be observed in order that the assessment shall become a lien upon the land. (Ord. 4326; 1968 Code §3-181; Ord. 84-125; Ord. 84-170; Ord. 94-180; Ord. 01-42)
The head of the department charged with making the improvement or work for which assessment is to be made shall notify the owner of the property that the work or improvements have been completed, specifying:
A. The nature of the work performed;
B. The cost of the work or improvements;
C. That any complaints or objections made in writing by the owners to the City Council and filed in the City Clerk's Office within ten (10) days after the mailing of the notice, will be heard and determined by the Council before the passage of any ordinance assessing the cost of the work or improvements; and
D. The date and place the complaints and objections will be heard. The notice may be by certified mail addressed to the last known address of the record owner of the property, or by any other means of service as provided in this article. If service is by mail, the service shall be complete upon mailing. (Ord. 4326; 1968 Code §3-182; Ord. 01-42)
At the time and place specified in the notice, or at some adjourned time, the City Council shall hear and determine all the complaints and objections and may make the modifications and changes as may seem equitable and just, or may confirm the cost of the assessment. The cost of work or improvements, together with a surcharge as provided shall be levied, assessed and charged by ordinance against the property upon which the work or improvement is made and shall become a perpetual lien to be collected in the same manner as set forth. (Ord. 4326; 1968 Code §3-183; Ord. 01-42)
In order to defray inspection, collection, publication and other administrative expenses, a surcharge of twenty five percent (25%) of the cost of the work or improvement shall be included in the special assessment. (Ord. 4326; 1968 Code §3-183; Ord. 93-133; Ord. 01-42)
No delay, mistake, error or irregularity in any act or proceeding herein authorized shall prejudice or invalidate any assessment, but the same may be remedied by subsequent amending acts or proceedings, as the case may require. When so remedied, the same shall take effect as of the date of the original act or proceeding.
If any court of competent jurisdiction sets aside any final assessment made pursuant to the City Tax Code, then the City Council, upon notice as required in the making of any original assessment, may make a new assessment in accord with these provisions. (Ord. 4326; 1968 Code §3-184; Ord. 01-42)
All assessments for work or improvements made shall be due and payable without demand thirty (30) days after final approval of the assessing ordinance.
At the expiration of a thirty (30) day period, a copy of the assessing ordinance, certified by the City Clerk, shall be delivered to the County Treasurer of El Paso County for the collection of the same. All rolls shall be named and/or numbered for convenient reference. (Ord. 4326; 1968 Code §§3-185, 3-186; Ord. 01-42)
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