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Upon receiving the assessment roll and warrant, the City Treasurer shall proceed to collect the amounts assessed therein. If any person shall neglect or refuse to pay his or her assessment upon demand, the Treasurer shall seize and levy upon any personal property found within the city, or elsewhere within the county, belonging to such person, and sell the same at public auction, first giving six days' notice of the time and place of such sale, by posting such notices in three of the most public places in the city or township where such property may be found. The proceeds of such sale, or so much thereof as may be necessary for the purpose, shall be applied to the payment of the assessment, and 5% of the amount of the assessment for the costs and expenses of the seizure and sale, and the surplus, if any, shall be paid to the person entitled thereto.
(Ord. 2013-01, passed 9-10-2013)
Special assessments and all interest and charges thereon, from the date of confirmation of the roll, shall be and remain a lien upon the property assessed of the same charter and effect as the lien created by general law for state and county taxes, and by the Charter for the city taxes, until paid. From such date and after confirmation as shall be fixed by the Council, the same collection fees shall be collected in delinquent special assessments and upon delinquent installments of such special assessments beginning on the following September 1 of each year as are provided by the Charter to be collected on delinquent city taxes. Such delinquent special assessments shall be subject to the same penalties, and the land upon which the same are a lien shall be subject to sale therefore, the same as are delinquent city taxes collection in accordance with the city charter and the ordinances of the city.
(Ord. 2013-01, passed 9-10-2013)
An action of any kind shall not be instated for the purpose of contesting or enjoining the collection of any special assessment unless within 30 days after the confirmation of the special assessment roll, written notice is given to the Council indicating an intention to file each an action and stating the grounds on which it is claimed that the assessment is illegal. Further, 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 or she has received a benefit from the substantial completion of that portion of such public improvement for which he or she is assessed.
(Ord. 2013-01, passed 9-10-2013)
No judgment or decree, or any act of the Council vacating a special assessment shall destroy or impair the lien of the city upon the premises assessed, for such amount of the assessment as may be equitably charged against the same, or as by a regular vote or proceeding might have been lawfully assessed thereon.
(Ord. 2013-01, passed 9-10-2013)
The Treasurer shall make return of the assessment roll and warrant to the City Clerk according to the requirements of the warrant, and if any of the assessments in the roll are returned unpaid, the Treasurer shall attach to his or her return a statement, verified by affidavit containing a list of the persons delinquent, and a description of the lots and premises upon which the assessments remain unpaid, and the amount unpaid on each.
(Ord. 2013-01, passed 9-10-2013)
The warrant may be renewed from time to time by the City Clerk, if the Council shall so direct, and for such time as they shall determine, and during the time of such renewal the warrant shall have the same force, and the City Treasurer shall perform the same duties and make the like returns, as provided in this division.
(Ord. 2013-01, passed 9-10-2013)
At any time after a special assessment has become payable, the same may be collected by suit, in the name of the city, against the person assessed, in an action of assumpsit in any court having jurisdiction of the amount, in every such action, a declaration upon the common count for money paid shall be sufficient. The special assessment roll and a certified order or resolution confirming the same shall be prima facie evidence of the regularity of all the proceedings in making the assessment, and of the right of the city to recover judgment therefore.
(Ord. 2013-01, passed 9-10-2013)
If in any such action it appears that by reason of any irregularities or informalities the assessment has not been properly made against the defendant or upon the lot or premises sought to be charged, the court may nevertheless, on satisfactory proof that expense has been incurred by the city, which is proper charge against the defendant or that lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.
(Ord. 2013-01, passed 9-10-2013)
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