CHAPTER XI
SPECIAL ASSESSMENTS
SPECIAL ASSESSMENTS
The Council shall have the power to determine the necessity of any local or public improvement and to determine that the whole or any part of the expense thereof shall be defrayed by special assessment upon the property especially benefitted and shall so declare by resolution, provided that all special assessments levied shall be based upon or be in proportion to the benefits derived or to be derived. Such resolution shall state the estimated cost of the improvement, what proportion of the cost thereof shall be paid by special assessments, and what part, if any, shall be a general obligation of the City, the number of installments in which assessments may be paid, and shall designate the districts or land and premises upon which special assessments shall be levied.
The Council shall prescribe by general ordinance the complete special assessment procedure concerning the initiation of projects, plans and specification, estimates of costs, notice of hearings, making and confirming assessment rolls and the correction of errors therein, collection of special assessments, and any other matters concerning the making of improvements by the special assessment method, subject to the provisions of this chapter.
If, at or prior to final confirmation of any special assessment, owners of more than fifty percent (50%) of the frontage of privately owned real property to be assessed for any improvement, or in the case of paving or similar improvements owners of more than fifty percent (50%) of the frontage to be assessed for any such improvement, shall object in writing to the proposed improvement, the improvement shall not be made by the proceedings authorized by this chapter without a four-fifth (4/5) vote of the members of the Council, provided that this section shall not apply to sidewalk construction.
When any lot, building, or structure within the City, because of accumulation of refuse or debris, the uncontrolled growing of weeds, or age or dilapidation, or because of any other condition or happening, becomes in the opinion of the Council, a public hazard or nuisance which is dangerous to the health or safety of the inhabitants of the City or of those of them residing or habitually going near such lot, building, or structure, the Council may, after investigation, give notice to the owner of the land upon which such hazard or nuisance exists, or to the owner of the building or structure itself, specifying the nature of the nuisance and requiring such owner to alter, repair, tear down, or remove the nuisance promptly and within a time to be specified by the Council, which shall be commensurate with the nature of the nuisance. If at the expiration of the time limit in said notice, said owner has not complied with the requirements thereof, or in any case where the owner of the land or of the building or structure itself is not known, the Council may order such hazard or nuisance abated by the proper department or agency of the city which is qualified to do the work required, and the cost of such abatement, to be assessed against the lot, premises, or description of real property upon which such hazard or nuisance was located. Procedures to be followed to make this section fully effective shall be established by ordinance.
SECTION 11.5 LIEN NOT DESTROYED BY JUDGMENT.
No judgment or decree, or any act of the Council vacating any special assessment shall destroy or impair the lien of the City upon the premises assessed, for such amount of the assessment as may be equitably charged the same, or as by a regular vote or proceedings might have been lawfully assessed thereon.