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Reading, MI General Ordinances
CITY OF READING, MICHIGAN CODE OF ORDINANCES
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
CHAPTER 31:  SPECIAL ASSESSMENTS
Section
   31.01   Authority of Council
   31.02   Improvements designated
   31.03   Assessment procedure for improvement project
   31.04   Determination of necessity; notice; hearing
   31.05   Hearing procedure
   31.06   Assessment determination; installments and interest
   31.07   Assessment roll
   31.08   Form of assessment report
   31.09   Assessment notice
   31.10   Servicing of notice
   31.11   Review of assessment
   31.12   Notice of contesting or enjoining action
   31.13   Assessments as lien; exception
   31.14   Provisions for excess or insufficient assessments
   31.15   Tax on land
   31.16   Lands divided after assessment
   31.17   Assessment collection
   31.18   Nonpayment; auction of personal property
   31.19   Delinquent assessments or installments
   31.20   Contesting or enjoining action; restriction
   31.21   Lien not destroyed by judgment, decree or act
   31.22   Return of assessment roll and warrant to City Clerk; unpaid assessments
   31.23   Warrant renewal
   31.24   Recovery of judgment
   31.25   Irregularities
   31.26   Petition for construction or improvements payable through special assessments
   31.27   Payment by installment; notice
   31.28   Additional costs
§ 31.01  AUTHORITY OF COUNCIL.
   Pursuant to the provisions of Chapter XI of the Charter, the Council shall have the power to determine that the whole or any part of the expenses of any public improvement, including public parking facilities and boulevard lighting systems, shall be defrayed by special assessments upon the property specially benefitted, in portion to the benefits derived or to be derived from such improvements; and to determine what proportion of the cost thereof shall be paid by special assessment, and what part, if any, shall be a general obligation of the city; the number of installments in which assessments may be paid; and to designate the districts or land and premises upon which special assessments shall be levied.
(Ord. 2013-01, passed 9-10-2013)
§ 31.02  IMPROVEMENTS DESIGNATED.
   The cost and expense of public improvements, including, but not limited to, waterworks, sanitary and storm sewer systems, sidewalks, curbs, gutters, parking facilities, lighting systems, as well as the construction and/or improvement of other public facilities, systems or structures as might be designated by Council, maybe met by special assessment upon the lands benefitted thereby.
(Ord. 2013-01, passed 9-10-2013)
§ 31.03  ASSESSMENT PROCEDURE FOR IMPROVEMENT PROJECT.
   When the owners of the majority of the land liable to be assessed in any special assessment district, then or thereafter to be constituted, shall petition the Council for any of the public improvements, the Council shall direct that plans, specifications and estimates of cost be made by City Engineer and submitted to the Council on or before a date to be designated not exceeding 90 days following the presentation of the petition to the Council. In the alternative, the Council may on its own motion direct that plans, specifications and estimates of cost be made by the City Engineer and submitted to the Council on or before a date to be designated by it not exceeding 90 days from the date upon which such motion is made. Upon receiving the plans, specifications and the estimated cost of proposed improvements, the Council shall determine whether such public improvements shall be made, and whether the whole or any part of the cost and expense thereof shall be specially assessed against the lands benefitting or to be benefit therefrom, and what part, if any, shall be appropriated from the general funds of the city, and determine the district or lands and premises upon which a special assessment shall be levied.
(Ord. 2013-01, passed 9-10-2013)
§ 31.04  DETERMINATION OF NECESSITY; NOTICE; HEARING.
   Before ordering any public improvements, any part of the expense of which is to be defrayed by special assessment, the Council shall determine by resolution of the necessity and propriety thereof and shall file such resolution with the plans and specifications, estimate of costs and a description of the lands or districts to be affected with the City Clerk for public examination. In the same resolution, Council shall direct that notice thereof be given by publication once at least five days prior stating the time and place when Council will meet and consider any objections thereto. Notice shall be given as required by Public Act No. 162 of 1962 (M.C.L.A. §§ 211.741 et seq., as amended).
(Ord. 2013-01, passed 9-10-2013)
§ 31.05  HEARING PROCEDURE.
   On the date set forth in the notice required by the preceding section, if more than 50% of the number of owners of privately owned property to be assessed for such improvement shall object in writing to the proposed improvement, the improvement shall not be made without the affirmative vote of five of the members of Council. This restriction shall not apply to sidewalks, or the abatement of hazards and nuisances. If upon such hearing no objections shall be made, or if the Council shall by the affirmative vote required by the provisions of this section determine to make such improvement and to defray the cost or part thereof by special assessment, they shall so determine by resolution, and shall therein determine the percentage of the whole amount of the cost of such improvement which shall be levied by special assessment upon the lands comprising such special assessment district. In no case shall the whole amount to be levied by special assessment upon any lot or premises for any improvement exceed 25% of the value of such lot or land as valued and assessed for state and county taxation in the last preceding ward tax roll. Any cost exceeding that percentage which would otherwise be chargeable on such lot or premises shall be paid from the general funds of the city.
(Ord. 2013-01, passed 9-10-2013)
§ 31.06  ASSESSMENT DETERMINATION; INSTALLMENTS AND INTEREST.
   In the same resolution provided for in the preceding section, the Council shall determine whether such special assessment is to be made pro rate upon the lots and premises in such special assessment district, according to frontage, or benefits, and shall determine whether such special assessment may be divided into installments and the interest rate to be charged upon the deferred balance from time to time unpaid, provided, however, that such special assessments shall not be divided into more than 15 successive annual installments and the interest charged shall not exceed 6% per year upon the deferred balance, and that the special assessments or installments thereof maybe paid in advance, with interest only to the date of payment. The Council shall by such resolution direct that such special assessment shall be made as provided by the resolution by the City Assessor.
(Ord. 2013-01, passed 9-10-2013)
§ 31.07  ASSESSMENT ROLL.
   Upon receiving such resolution, order and directions, the City Assessor shall make out an assessment roll, entering and describing therein all the lots, premises and parcels of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon; and shall levy thereon and against such persons the amount to be assessed in the manner directed by the Council. If the several descriptions to be assessed in any special assessment district extend into more than one ward of the city, the City Assessor shall enter the several descriptions situated in any one ward by themselves, separate from those of others, in all cases where the ownership of any description is unknown to the city assessor, he or she shall insert in place of the name of the owner of the "unknown". If by mistake or otherwise any person shall be improperly designated as the owner of any lot, parcel of land or premises, of if the same shall be assessed without the name of the owner or in the name of a person other than the owner, such assessment shall to be void, but shall in all respects be as valid upon and against such lot, parcel or land, or premise as though assessed in the name of the proper owner; and when the assessment roll shall have been confirmed, shall be a lien on such lot, parcel of land, or premises, and shall be collected as in other cases. If the assessment is directed to be made according to frontage, the City Assessor shall assess to each lot or parcel of land such relative portion of the whole amount to be levied as the length of front of such premises abutting upon the improvement bears to the whole frontage of all the lots to be assessed, unless on account of the shape or size of any lot, an assessment for a different number of feet would be equitable. If the assessment is directed to be made according to benefits, the City Assessor shall assess upon each lot such relative portion of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement.
(Ord. 2013-01, passed 9-10-2013)
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