Section
Special Assessment Procedure
34.01 Special assessments for public improvements
34.02 Definitions
34.03 Initiation of special assessment projects
34.04 Survey and report
34.05 Determination on the project; notice
34.06 Hearing
34.07 Special assessment roll; review and corrections
34.08 Limitations of actions
34.09 Special assessments, when due
34.10 Partial payments, when due
34.11 Delinquent special assessments
34.12 Creation of lien
34.13 Additional assessments, refunds
34.14 Additional procedures
34.15 Collection of special assessments
34.16 Special assessment accounts
34.17 Reassessment for benefits
34.18 Assessing single lots
34.19 Notice of hearing
34.20 Anticipatory borrowing and bond issues
SPECIAL ASSESSMENT PROCEDURE
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COST. When referring to the cost of any local public improvement, shall mean the same as “expense” and shall include the cost of services, plans, condemnation, spreading of rolls, notices, advertising, financing, construction and legal fees, and all other public costs incidental to the making of such improvements, the special assessments therefor and the financing thereof.
LOCAL PUBLIC IMPROVEMENT. Any public improvement which is of such a nature as to benefit especially any real property or properties within a district in the vicinity of such improvement. It shall include, but not be limited to, the following improvements, including the land therefor: public buildings and offices, garbage collection, firehouses, destroying weeds, tree trimming, street lighting, streets, alleys, lanes, bridges, sewers, drains, water courses, water systems, or any other local public improvement or repair.
(Ord. 156, passed 5-19-2004)
(A) Proceedings for the making of local public improvements within the village, and the determination that the whole or any part of the expense thereof shall be defrayed by special assessment upon the property especially benefitted, provided that all special assessments levied shall be in proportion to the benefits derived from the improvements, may be commenced by resolution of the Village Council, with or without a petition.
(B) Local public improvements may be initiated by petition signed by property owners owning 65% or more of the total property in the proposed special assessment district. Such petition shall contain a brief description of the property owned by the respective signers thereof and, if it shall appear that the petition is signed by at least 65% of said owners, the Village Clerk shall certify the same to the Village Council. The petition shall be addressed to the Village Council but the Village Council shall not be obligated to make the improvement.
(Ord. 156, passed 5-19-2004)
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