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In all cases of special assessments of any kind against any property wherein any such assessments have failed to be valid in whole or in part, the City Council shall be and it is hereby authorized to cause to be reassessed, such special taxes or assessments and to enforce their collection. Whenever, for any cause, mistake or inadvertence, the amount assessed shall not be sufficient to pay that portion of the cost incurred upon or in respect to any lot or lots or parcel or parcels of land, or the cost of the improvement which the City Council has determined should be assessed against the property or the owners of the property, or the person or persons chargeable with the payment of the assessment in the local assessment district, it shall be lawful and the City Council is hereby authorized to cause to be made a reassessment upon all of the property upon or in respect to which expense has been incurred, or all of the property in the local assessment district, to pay for the public improvement made in such district, and to continue requiring such reassessment until a valid and sufficient assessment shall have been made.
(Ord. 2542, passed 1-26-1976)
No judgment or decree nor any act of the City Council vacating a special assessment shall destroy or impair the lien of the City upon the lands assessed for such amount of the assessment as may be equitably charged against the same or as by regular mode of proceedings might have been lawfully assessed thereon.
(Ord. 2542, passed 1-26-1976)
When any special assessment shall have been confirmed, the City Council shall direct the assessment so made to be collected. The Mayor and the City Clerk shall thereupon attach their warrant to the assessment roll commanding the City Treasurer to collect from each of the persons assessed in said assessment roll, the amount of money assessed to and set opposite his name and the description of the land assessed to him, and if any person named in said assessment roll shall neglect or refuse to pay his assessment or any part thereof upon demand after the same shall have become payable, then to levy and collect the same by distress and sale of the goods and chattels of such person. Such warrant shall require the City Treasurer, on May 1 following the date when any special assessment or any part thereof has become delinquent, to submit to the City Council a sworn statement of all assessments or parts thereof in said assessment roll which have become delinquent and are unpaid, a list of the names of the persons delinquent (if known), a description of the lot or lots or parcel or parcels of land upon which the assessments or any part thereof remain unpaid and the amount unpaid on each, inclusive of accrued interest and penalties. The assessment roll with the warrant attached shall then be delivered by the City Clerk to the City Treasurer.
(Ord. 2542, passed 1-26-1976)
Upon receiving said assessment roll and warrant, the Treasurer shall proceed to collect the amount assessed therein. If any person shall neglect or refuse to pay his assessment upon demand, the Treasurer shall seize and levy upon any personal property found within the City or elsewhere in the State of Michigan belonging to such person and sell the same at public auction, first giving six days notice of the time and place of such sale by posting such notice in three public places in the City or township where such property may be found. The proceeds of such sale, or so much thereof as may be necessary for that purpose, shall be applied to the payment of such assessment, the costs and expenses of seizure and sale, and the surplus, if any, shall be paid to the person entitled thereto.
(Ord. 2542, passed 1-26-1976)
At any time after a special assessment has become payable, the same may be collected by suit in the name of the City against the person assessed, in an action in any Court having jurisdiction of the amount. In every such action, a declaration upon the common courts for money paid shall be sufficient. The special assessment roll and a copy of the order or resolution confirming the same shall be prima facie evidence of the regularity of all the proceedings in making the assessment of the whole amount payable and of the right of the City to recover judgment therefor.
(Ord. 2542, passed 1-26-1976)
If any such action it shall appear that by reason of any irregularities or informalities the assessment has not been properly made against the defendant or upon the land or lands sought to be charged, the court may, nevertheless, on satisfactory proof that expenses have been incurred by the City which are a proper charge against the defendant or the land in question render judgment for the amount properly chargeable against such defendant or upon such land or lands.
(Ord. 2542, passed 1-26-1976)
Monies raised by special assessment to pay for the cost of any public improvement or any part thereof, or to pay the cost incurred by the City upon or in respect to any lot or lots or parcels of land not included in a special assessment district, shall be held as special funds to pay such costs or to repay any money borrowed or paid out therefor, and shall be used solely for the purpose for which they are raised. If the estimated cost of any public improvement exceeds the actual cost of such improvement, such excess shall be distributed as follows: All persons who have paid the total amount of their assessment shall be paid their proper share of the excess, and the balance of the excess after such payments have been made shall be applied pro rata to reduce the amount of the annual installments becoming due thereafter.
(Ord. 2542, passed 1-26-1976)
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