(A) Cancellation of assessments. When a local improvement proposed to be made by the city is abandoned before it is completed to an extent sufficient to result in benefits equal to special assessments which have theretofore been levied for the improvement, the city shall notify the agency acting as collecting agent for the special assessment of the fact. Upon the notification, all installments of the assessments and interest thereon which are not already collected or in the process of collection shall be cancelled by the agency. However, nothing herein shall prevent the city from making a reassessment of any amount not exceeding the special benefits which actually accrue from the improvement to part or all of the properties originally assessed, and nothing herein shall affect the obligations of the municipality to provide funds sufficient to pay any bonds issued to finance the improvement and the interest thereon.
(B) Notice; refund of assessments.
(1) The Council shall instruct the City Administrator to publish and mail notice as provided for in § 37.061(A) of this chapter, describing the improvement and stating that it has been abandoned and that any person who paid any special assessments levied on account of the improvement may file a claim, within six months following the date of publication of the notice, for refund of the assessments paid by the Clerk, together with any interest paid thereon. Failure to give mailed notice, or any defects in the notice, shall not invalidate the proceedings.
(2) The city is not required to, but may, pay the claims filed after the period allowed, and it may require any claimant to furnish satisfactory evidence that claimant be paid the amounts claimed. The claims may be paid out of moneys in the fund of the improvement which was abandoned unless obligations have been issued payable therefrom or may be paid out of moneys in the general fund.
(C) Transfer of assessments not cancelled or refunded. Any such assessments not cancelled under division (A) above or not refunded under division (B) above shall be transferred to the general fund or the Debt Service Fund established in § 36.015 of this code of ordinances if not needed to pay costs of the improvement and if not held in a debt redemption fund.
(Prior Code, § 202.18)