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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)
When special assessments are levied by the percentage of tax value of the property assessed or by the foot frontage of the property bounding and abutting upon the improvement, and there are lands subject to such assessment which are not assessed for taxation, the Director of Finance shall fix, for the purpose of such assessment, the value of such lots as they stand and of such lands at such depths as the Director of Finance considers a fair average of the depths of lots in the neighborhood, so that it will be a fair average of the assessed value of other lots in the neighborhood. Where lands are not subdivided into lots, but are assessed for taxation, the Director of Finance shall fix the value and the depth in the same manner but the above rule shall not apply in making a special assessment according to benefits.
The Council shall limit all assessments to the special benefits conferred upon the property assessed and in no case shall there be levied within a period of five years on any lot or parcel of land any assessments for any or all purposes of excess of thirty-three and one-third percent of the actual value thereof after the improvement is made. Assessments levied for the construction of main sewers shall not exceed the sum, that in the opinion of the Council, would be required to construct an ordinary street sewer or drain of sufficient capacity to drain or sewer the lots or lands to be assessed for such improvement, nor shall any lots or lands be assessed that do not need local drainage, or which are provided therewith.
The City shall pay such part of the cost and expense of improvements for which special assessments are levied as the Council deems just, which part shall not be less than one-fiftieth of all such cost and expense; and in addition thereto, the City shall pay the cost of intersections. The Council may provide for the payment of the City's portion of all such improvements by the issuance of bonds or notes therefor, and may levy taxes, in addition to all other taxes authorized by law, to pay such bonds or notes and the interest thereon.
The Council may provide in whole or in part the cost of replacing any improvement existing in a street, by levying special assessments as herein provided for; but any assessment for the improvement to be replaced shall be limited to a sum not in excess of fifty percent of the cost of such replacement.
(Amended by electors 11-7-23)
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