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Upon receiving the report mentioned in the preceding section, from the City Assessor, the Council shall cause the same and the whole thereof to be filed in the office of the City Clerk and shall direct that notice of the filing of such special assessment report shall 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 also be given as required by Public Act No. 162 or 1962 (M.C.L.A. 211.741 et seq., as amended) and appointing a time when the Council and the City Assessor will meet to review such assessment. Any person objecting to the assessment may file his or her objection thereto in writing with the City Clerk. The notice must be addressed to the persons whose names appear upon the special assessment roll, and to all others interested therein, and may be in the following form.
NOTICE OF SPECIAL ASSESSMENT
To (insert the names of the persons against whom the assessment appears), and to all other persons interested, take notice: That the roll of the special assessment theretofore made by the City Assessor for the purpose of defraying that part of the cost which the Council decided should be paid and borne by special assessment for the (insert the object of the assessment and the locality of the proposed improvement in general terms) is now on file in my office for public inspection.
Notice is also hereby given that the Council and City Assessor of the City of Reading will meet at the Council Room in said City on (insert the date fixed upon) to review said assessment, at which time and place opportunity will be given all persons interested to be heard.
City Clerk
(Ord. 2013-01, passed 9-10-2013)
Notice regarding the construction of improvement of waterworks, sanitary and storm sewer systems, sidewalks, curbs, gutters, streets, parking facilities, boulevard lighting system, as well as the construction and/or improvement of other public facilities, systems or structures as might be designated by Council or otherwise regarding sidewalk repairs sewer or water reconnections, dangerous structures, abating nuisances or any other act, the expense of which, if performed by the city, maybe assessed against the premises under the provisions of the City Ordinances, shall be served 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)
At the time and place appointed for the purpose as set forth in this section, the Council and the City Assessor shall meet and there, or at some adjourned meeting, review the assessment and shall hear any objections to any assessment which may be made any person deeming himself or herself aggrieved, and the Council may correct the roll as to any assessment, or description of premises, appearing therein, and may confirm it as reported or as corrected; or they may refer the assessment back to the City Assessor for revision; or annul it and direct a new assessment, in which case the same proceedings shall be had as in respect to the previous assessment. When a special assessment shall be confirmed, the City Clerk shall make an endorsement upon the roll showing the date of conformation. When any special assessment shall be confirmed by the Council, it shall be final and conclusive.
(Ord. 2013-01, passed 9-10-2013)
Notice of intention to file an action for the purpose of contesting or enjoining the collection of any special assessment shall be given to the City Council within 30 days after the confirmation of the special assessment roll stating the grounds on which it is claimed that the assessment is illegal.
(Ord. 2013-01, passed 9-10-2013)
All special assessments, shall from the date of confirmation thereof, constitute a lien upon the respective lots or parcels of land assessed, and shall be charged against the person to who assessed until paid. All special assessments, except such installments thereof as the Council shall make payable at a future time as provided in this division, shall be due and payable upon confirmation, if any special assessment is divided into installments, a special assessment roll shall be made for each installment as the same shall become due, with the accrued interest upon all unpaid installments included and assessed therein.
(Ord. 2013-01, passed 9-10-2013)
Should any special assessment prove insufficient for the improvement or work for which it was levied, and the expenses incident thereto, the Council may, within the limitations prescribed for such assessments, make an additional pro rata assessment to supply the deficiency, and in case a larger amount shall have been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid; provided, however, that total assessment may not exceed the value of benefits received by the lot or parcel of land against which it is assessed; provided further, that if such special assessment is not exceeding 5% greater than necessary for the improvement, such excess not exceeding 5% shall be deposited in the City Treasury as part of the general funds of the city; but should the assessment exceed the amount necessary by over 5%, then the entire excess shall be refunded on a pro rata basis as provided in this section. No refund of special assessments maybe made which impairs or contravenes the provisions of any outstanding obligation or bonds secured in whole or in part by special assessment. In lieu of making refunds, such excess of assessment may be allotted as a credit on the last installment of the assessment.
(Ord. 2013-01, passed 9-10-2013)
Whenever any special assessment shall be confirmed and be payable, the Council may direct the City Clerk to report to the City Assessor a description of such lots and premises as are contained in the special assessment roll with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment is made, and direct the City Assessor to levy the several sums so assessed respectively. The City Assessor shall levy the sums therein mentioned upon the respective lots to which they are specially assessed and against the persons chargeable therewith as a tax roll annexed thereafter to be made in a column for special assessments, and thereupon the amounts so levied in the tax roll shall be enforced and collected with the other taxes in the tax roll, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and, when collected, shall be paid into the City Treasury.
(Ord. 2013-01, passed 9-10-2013)
Should any lots or land be divided after a special assessment thereon has been confirmed and divide into installments, and before the collection of all installments, the Council may require the City Assessor to apportion the uncollected amounts upon the several parts of lots and land so divided. The report of such a portion, when confirmed, shall be conclusive upon all parties and all assessments thereafter made upon such lots or lands shall be according to such divisions.
(Ord. 2013-01, passed 9-10-2013)
Whenever any special assessment rolls shall be confirmed, the Council, instead of requiring the assessments therein to be reported to the City Assessor as provided in the preceding section, may direct the assessment so made in the special assessment roll to be collected directly from the special assessment roll, together with any interest which may become due thereon, and, thereupon, the City Clerk shall attach his or her warrant to a certified copies of the special assessment roll, therein commanding the City Treasurer to collect from each of the persons assessed in the roll the amount of money assessed to and set opposite his or her name therein; and in case any person named in the roll shall neglect or refuse to pay his or her assessment upon demand, then to levy and collect the same by distress and sale of the goods and chattels of such person and return the roll and warrant, together with his or her doings thereon, within 60 days from the date of the warrant.
(Ord. 2013-01, passed 9-10-2013)
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