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The Board of Revision of Assessments shall consist of the following officers of the City or their designated representatives: the Director of Finance, the Director of Public Service, and the Director of Law. The Director of Law shall be chairperson of the Board, and the Director of Finance shall be the secretary thereof. It shall meet as necessary at a time and place provided by its rules, and shall hear all claims and objections as to the character of all improvements to be paid for in part or in whole by special assessments, the necessity therefor, and the equity of the assessment as provided in the assessment report. A majority of those constituting the Board of Revision of Assessments shall have the power to determine all complaints and objections submitted. As to each improvement, the Board, shall, after such hearing, amend, equalize, and adjust the assessment report, and shall report to the Council its findings as to the necessity for the improvements, and any amendment it directs in the assessments.
(Amended by electors 11-7-00)
An owner of a lot or of land bounding and abutting upon a proposed improvement, claiming that he or she will sustain damage by reason of the improvement, shall present such claim to the Board of Revision of Assessments within two weeks after the service of notice or the completion of the publication herein provided for. Such claim shall be in writing, and shall set forth the amount of damages claimed, with a general description of the property with respect to which it is claimed the damage will accrue, and shall be filed with the Director of Finance. Any owner who fails so to do shall be deemed to have waived such damages, and shall be barred from filing a claim or receiving damages therefor. This provision shall apply to all damage which will obviously result from the improvement, but shall not deprive the owner of his or her right to recover damages arising, without his or her fault, from the acts of the City or its agents. If subsequent to the filing of such claim, the owner sell the property, or any part thereof, the right of damages, if any, shall follow in the ownership of the land without transference of the claim. The Board of Revision of Assessments shall report to the Council all such claims for damages filed with it.
(Amended by electors 11-7-00)
At or before the time of the passage of the ordinance directing that the improvement shall proceed, the Council shall determine whether the claims for damages so filed shall be judicially inquired into before commencing, or after the completion of, the proposed improvement. If it decide that the damages shall be assessed before commencing the improvement, the City Attorney shall then make such application and such proceedings shall be had thereon as are provided by statute relating to the assessment of damages on such claims.
If the Council determines to assess the damages after the completion of the improvement for which a claim for damages has been filed, the City Attorney shall within ten days after the completion of the improvement make written application and the same proceedings shall be had as provided in the next preceding section.
No person who claim damages arising from any cause shall commence a suit therefor against the City until sixty days after he or she shall have filed a claim for such damages with the Director of Finance. This provision shall not apply to an application for an injunction, or other proceeding to which it may be necessary to resort in case of urgent necessity.
(Amended by electors 11-7-00)
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