Loading...
The Commission 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 shall be defrayed by special assessment upon the property especially benefitted: Provided, that such expense shall, in each case, be substantially in accordance with and in proportion to such benefits derived by such property.
When any special assessment roll shall prove insufficient to meet the costs of the improvement for which it was made, the Commission may make an additional pro rata assessment, but the total amount assessed shall not exceed the value of benefits received by any lot or parcel of land. Should the assessment prove larger than necessary to five (5) per cent or less, the Commission may place the excess in the city treasury. If more than five (5) per cent, the excess shall be refunded pro rata according to assessments. In either case, the Commission may provide by resolution that the amount of any such excess may be allowed as a credit on the last installment where such installment still remains unpaid at the time the final cost of the improvement is determined.
Upon the confirmation of each special assessment roll, the special assessment shall become a debt to the City from the persons to whom they are assessed and shall, until paid, be a lien upon the property assessed for the amount of such assessments and all interest and charges thereon. Such lien shall be of the same character and effect as created by the Charter for City taxes.
The Commission shall prescribe, by general ordinance, a complete special assessment collection procedure which shall set forth and include the date upon which such special assessment shall become due, the maximum number of annual installments, the date the initial and subsequent installment payments shall be due, the interest rates such special assessments shall bear whether paid or unpaid, and the date from which interest is computed. The City Commission may also provide by general ordinance, the collection procedure for advance payments of unpaid installments with interest computed. Further, the Commission may set forth the collection procedure for said installment payments, and the determination process under which said installment payments shall be considered delinquent and whether any additional interest shall be charged thereon.
(Amended 11-3-98)
The Commission shall prescribe, by general ordinance a complete special assessment procedure concerning the initiation of projects, plans and specifications, estimates of costs, notice and hearings, the making and confirming of the assessment rolls and the correction of errors therein, the financing of improvements made by special assessment procedures, the collection of special assessments, and any other matters concerning the making of such improvements.
Except and unless notice is given to the Commission in writing of an intention to contest or enjoin the collection of any special assessment for the construction of any pavement, sewer, or other public improvement, the construction of any sidewalk, or the removal or abatement of any public hazard or nuisance, within thirty (30) days after the date of the meeting of the Commission at which it is finally determined to proceed with the making of the improvement in question, which notice shall state the grounds on which the proceedings are to be contested, no suit or action of any kind shall be instituted or maintained for the purpose of contesting or enjoining the collection of such special assessment; and, regardless of whether or not any public improvement is completed in any special assessment district, no owner of real property located in such district shall be entitled to commence any suit or action for the purpose of contesting or enjoining the collection of any such special assessment after he has received a benefit from the substantial completion of that portion of such public improvement for which he is assessed.
Except as otherwise provided in this Chapter, monies raised by special assessment for any public improvement shall be segregated in a special fund or account and may be used only to pay for the costs of the improvements for which the assessment was levied and expenses incidental thereto or to repay any money borrowed therefor.