If the City Council determines that the local improvement district shall be created, the Council shall provide for the assessment or estimated assessment of the benefited properties and for the apportionment of the assessment or estimated assessment to the individual lots within the local improvement district by ordinance by one of the following: actual cost of the local improvement, the estimated actual cost of the local improvement.
(A) Notice. The Recorder shall prepare the assessment or the estimated assessment to the respective lots within the assessment district and file it with the appropriate city office.
(1) Notice of such assessment or estimated assessment shall be mailed or personally delivered to the owner of each lot proposed to be assessed, which notice shall state the amount of the assessment or the estimated assessment proposed on that property and shall fix a date by which time objections and the grounds for objections shall be filed with the Recorder.
(2) Any objection shall state the grounds thereof. The City Council shall consider such objections and may adopt, correct, modify or revise the proposed assessments and shall determine the amount of the assessment to be charged against each lot within the district, according to the special and peculiar benefits accruing thereto from the improvement, and shall by ordinance spread the assessments.
(B) Actual cost. In determining the assessment or the estimated assessments for the local improvement, the Council shall use the actual cost as defined in this subchapter.
(C) Lien. The assessment ordinance shall provide that the assessments or estimated assessments against the benefited properties shall be a lien against the assessed properties and that the city may enforce collection of such assessment as provided by state law.
(D) Estimated cost. If the initial assessment has been made on the basis of the estimated actual cost and, upon the completion of work, the cost is found to be greater or less than the estimated cost, the Council shall make an assessment for the corrected actual cost. Proposed assessments upon the respective lots within the assessment district for the proportionate share of the change shall be made; and notices shall be sent; opportunity for objection shall be given; such objections shall be considered; and determination of the assessment against each particular lot, block or parcel of land shall be made as in the case of the estimated assessment; and the assessment spread by ordinance.
(Prior Code, § 33.30) (Ord. 365, passed 4-14-1997)