(A) Where the Town Council has determined that certain streets within the town shall be constructed or improved prior to development of the property adjacent to such streets, the Council may order such streets to be constructed or improved at the town's initial expense. Such expense shall be assessed against the adjoining property subject to the following:
(1) The assessment of property, if adjacent arterial streets are involved, shall not exceed the cost of improving more than one-half of the width, not to exceed 65 feet, nor more than 1,000 lineal feet of such adjacent arterial street.
(2) Any parcel of land which at the time of assessment is used for single-family residential use and the width of which does not exceed 200 lineal feet shall not be assessed greater than one-half the costs of a local street.
(3) The assessment of property shall not exceed the actual costs incurred by the town at the time of construction.
(B) Hearing procedure; determination of necessity.
(1) The Town Council, at a public hearing, shall determine the necessity of street improvements if the cost thereof is to be assessed against adjacent property. Notice of the hearing shall be given to the property owners, and other affected persons, who would be assessed for the costs of improvements, by regular mail no less than ten days prior to the date of the hearing. An affidavit of mailing of such notice shall be filed in the office of the Town Clerk. The notice of hearing shall contain:
(a) The name, address, and tax parcel number of each property owner.
(b) A description of the proposed street improvements.
(c) The estimated cost of assessment for each affected parcel of property.
(d) The date, time and place that the Town Council shall consider the necessity of improvement and possible adoption of a resolution of intention.
(e) Notice shall also be published in a daily newspaper in five successive issues and, in addition, shall also be conspicuously posted along the line of the proposed improvement at least ten days prior to the hearing on necessity of the improvements.
(2) The properly owners and any other persons directly interested in the work or in the assessment may, prior to the time fixed for the hearing, file in the office of the Town Clerk a written objection, briefly specifying the grounds for objection.
(3) At the time of public hearing, the Town Council shall hear and pass upon any objections to the proposed improvements; and its decision shall be final and conclusive. It may modify the extent of the proposed improvements and proceed without the necessity for republishing, reposting and remailing new notices.
(4) At the conclusion of the hearing, the Town Council may pass its resolution of intention directing that plans, specifications and estimates of the cost and expenses of the proposed improvements be prepared by the Department and filed with the Clerk and order that a call for sealed bids be made.
(C) Assessments. Upon completion of the improvements, the Council shall by resolution, at a public hearing, determine the cost of the improvements and assess against the properties adjacent to the street improvement the total amount of the costs and expenses of the work. Notice of this public hearing shall be given to the property owner, and other affected persons who would be assessed for the costs of improvements, by regular mail at least ten days prior to the date of the hearing. This notice shall contain:
(1) The name, address, and tax parcel number of each property owner.
(2) A description of the street improvements.
(3) The amount of the assessment for each affected parcel of property.
(a) The property owners and any other persons directly interested in the work or in the assessment who have any objection to the legality of the assessment or to any of the previous proceedings connected therewith or who claim that the work has not been performed according to the contract may, prior to the time fixed for the hearing, file in the office of the Town Clerk a written notice briefly specifying the grounds for objection. At the time fixed for the hearing, or at any time thereafter to which the hearing may be postponed, the Town Council shall hear and rule upon the objections. The decision of the Town Council shall be final and conclusive as to all errors, informalities and irregularities which the Town Council might have remedied or avoided at any time during the progress of the proceedings. If the Town Council determines that an objection should be granted, the Public Works Director shall reissue the notice of assessment. If the Town Council determines that the objections shall be overruled, the Town Council shall adopt a resolution overruling all objections and confirming the assessments.
(b) The Council's resolution shall provide that any assessments remaining unpaid shall be paid prior to or at the time of the development of the assessed property as set forth in division (E).
(c) The resolution declaring the assessment and describing the properties against which the assessments are imposed shall be recorded in the office of the county recorder, together with a specific written notice of the assessment containing:
1. The amount of the assessment;
2. The legal description and the tax parcel number of the subject property;
3. The name of the property owner(s);
4. The conditions which requirement of the assessment. When so recorded, the amount so assessed shall be a lien upon the properties assessed for ten years thereafter or until such assessments are paid, whichever first occurs, and such recording shall be notice to all persons interested in the contents of the record.
(d) Any assessment made under this section shall abate if the property has not been developed within ten years of the assessment.
(D) Right-of-way. When it is necessary to improve a full street and sufficient right-of-way is not available, the Department may obtain the right-of-way from the property owner. If right-of-way is not dedicated at time of construction, the cost to the town to purchase the right-of-way shall be considered an expense attributable to the street improvements and shall be assessed against the property at time of development.
(E) Collecting unpaid assessments at time of development. Prior to the issuance of a building permit for development of the property adjacent and abutting such improvements, the Town Council shall collect the entire amount of any unpaid assessment on the property. All statutes providing for the levy and collection of state and county taxes, including collection of delinquent taxes and sale of property for nonpayment of taxes, are applicable to the assessments provided for in this chapter. The Town Manager or his designee shall collect any unpaid assessments prior to any of the following:
(1) The Town Council, Planning and Zoning Commission or Development Services Director approving any request for rezoning or site plan for development of any assessed property;
(2) The Town Council's approval of any final subdivision plat which plat will result in a subdivision of property assessed under this chapter;
(3) The issuance of any grading permit required by the Town Code for any assessed property. Upon payment of the assessment in full or in part, a full or partial satisfaction evidencing payment shall be recorded in the office of the Yavapai County Recorder.
(Ord. 05-12, passed 7-12-2005)