(A) Whenever the Town Council decides to finance extensions by special assessments, it must adopt a preliminary resolution that shall contain the following:
(1) A statement of intent to undertake the project;
(2) A general description of the nature and location of the project;
(3) A statement as to the proposed basis for making the assessments (which shall include a general description of the boundaries of the area benefitted if the basis of assessment is either “area served” or “value added”);
(4) A statement as to the percentage of the cost of the work that is to be assessed;
(5) A statement as to which, if any, assessments shall be held in abeyance, and for how long;
(6) A statement as to the proposed terms of payment of the assessment; and
(7) An order setting a time and place for a public hearing on the preliminary resolution at some date between three and ten weeks from the date of the adoption of the preliminary resolution.
(B) At least ten days before the date set for the public hearing, there must be published in a local newspaper, having general circulation in the affected area, a notice of adoption of the preliminary assessment resolution, and of the public hearing; the notice must also generally describe the nature and location of the project.
(C) At least ten days prior to the hearing, copies of the preliminary resolution must be mailed to all owners of property subject to the assessment. The person mailing the copies must certify to the governing body that the copies were mailed by first class mail, and specify the date of mailing.
(D) At the public hearing, the governing body must hear all interested persons who appear with respect to any matter covered by the preliminary resolution.
(E) After the public hearing, the governing body may adopt an assessment resolution directing that the project be undertaken, and describing the project in general terms (which may be by reference to the description in the preliminary assessment resolution), and must set forth the following:
(1) The basis on which the special assessments shall be levied (together with a general description of the boundaries of the area benefitted, if the basis of assessment is either “area served” or “value added”);
(2) The percentage of the cost to be assessed (the percentage must be the same as proposed in the preliminary resolution); and
(3) The terms of payment, including any conditions under which the terms of the assessments are to be held in abeyance, if any.
(F) Upon completion of the project, the total cost must be computed. In addition to construction costs, the cost of all necessary legal services, the amount of interest paid during construction, cost of rights-of-way, and the cost of publication of notices and resolutions may be included in the total cost. The governing body should then adopt a resolution declaring the cost, and ordering preparation of the preliminary assessment roll, and calling a public hearing thereon.
(G) A preliminary assessment roll must then be prepared, and filed, in the Town Clerk’s office where it must be available for public inspection. Any assessments to be held in abeyance should be indicated on the assessment roll. The governing body may establish a schedule of discounts, not to exceed 30%, to be applied to assessments paid within 30 days from publication of confirmation of the assessment roll (see subsection (L) below). If such a schedule is adopted, it must be included in the preliminary assessment roll.
(H) There must be published in a local newspaper having general circulation in the affected area, at least ten days before the date set for the public hearing, a notice of the completion of the preliminary assessment roll, setting forth a general description of the project, noting the availability of the assessment roll in the Clerk’s office for inspection, and stating the item and place of the public hearing.
(I) A notice must also be mailed to each affected property owner at least ten days before the public hearing. In addition to the information contained in the published notice required in subsection (H) above, the mailed notice shall state the amount of the assessment against the property of the owner as shown on the preliminary assessment roll. The person mailing the notices must certify to the governing body that he or she were mailed by first-class mail, and specify the date mailed.
(J) At the public hearing, the governing body must hear objections to the preliminary assessment roll from all interested persons who appear. After the hearing, the governing body may make any proper corrections in the assessment roll, including adding any property that was omitted from the preliminary assessment roll. The Council must then adopt a resolution confirming the assessment roll and levying the assessments (the list of assessments inserted in the resolution should indicate any which are to be held in abeyance). The resolution shall also direct the Clerk to deliver the assessment roll to the tax collector, and shall direct publication of the required notice of confirmation and levy. The resolution must also state the day, hour, and minute of confirmation, and shall specify the due date of installments (either the due dates of property taxes, or the sixtieth day following confirmation, and subsequent annual anniversaries of the sixtieth day).
(K) The Clerk must immediately deliver to the tax collector the assessment roll.
(L) After the expiration of 20 days from the confirmation of the assessment roll, the tax collector must publish a notice that the assessment roll has been confirmed, that the assessments may be paid within 30 days of publication without interest, and that those then remaining unpaid will bear interest, as provided in the assessment resolution. The notice should also state the schedule of discounts, if one has been established, to be applied to assessments paid before the expiration date for payment of assessments without interest.
(M) The assessments will then be due and payable and may be paid within 30 days from the date the notice is published without interest. Each property owner has the option to pay the assessment in the number of annual installments specified in the assessment resolution, at the rate of interest set forth therein. A property owner may elect the installment method simply by not paying in full during the 30-day period.
(N) If any property owner shall default in the payment of any installment, all unpaid installments shall immediately become due and payable, unless the governing body waives acceleration. The assessment lien may be foreclosed in the same manner as property tax liens, except that lien sales and lien sale certificates shall not be required, and foreclosure may be begun at any time following 30 days after default. The assessment lien takes effect at the moment of confirmation of the assessment roll, and is inferior to all prior and subsequent liens upon the property for state, local, and federal taxes, and is superior to all other liens.
(Ord. 5-89, passed 6-19-1989)
Statutory reference:
Preliminary resolution, G.S. § 160A-223; publishing of hearings; copies of preliminary resolution G.S. § 160A-224; public hearing, procedures, G.S. § 160A-225; total construction costs, public hearing, adopted schedules, notice of public hearings §§ 160A-226, 160A-227; assessment roll G.S. § 160A-228; expiration of assessment roll, G.S. § 160A-229; payment of assessments, default on payment of installments, G.S. §§ 160A-232, 160A-233.