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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)
Whenever the owners of lots, pieces or parcels of land shall petition for any construction or improvements mentioned in § 31.02 of this chapter, the cost and expenses of any construction or improvements projects as might be proposed in such petition which are accepted and agree upon by the city shall be assessed against the properties benefitted thereby in accordance with the provisions of this division in like manner as though originally initiated by the Council on its own motion. Any such petition as is submitted for consideration under this section shall contain and set forth.
(A) The complete legal description of each lot, piece or parcel of land proposed for inclusion in the special assessment district;
(B) The assessed valuation for each such lot, piece or parcel of land;
(C) The complete name and address of each owner, land contract vendor, land contract vendee, mortgagor, mortgagee and any other parties in interest, together with the complete names of their respective spouses, as the case might be;
(D) The signature of each party disclosed under division (C) of this section. The Council shall provide forms of petitions to be used under this section.
(Ord. 2013-01, passed 9-10-2013)
Whenever special assessments are made under any of the provisions of this division payable in future annual installments, the Council shall cause a notice of such special assessments and of the amounts and the years in which they shall become due, to be recorded in the office of the County Register of Deeds as public notice of the existence of such special assessments which may be a lien upon the several parcels of real estate affected. Whenever such special assessments shall have been fully paid, the Council shall cause a release or discharge to be filed of the fact of such discharge.
(Ord. 2013-01, passed 9-10-2013)