907.01 Operation of chapter.
907.02 Locations of services.
907.03 Declaration of necessity.
907.04 Ordinance shall be published.
907.05 Notice of Assessment.
907.06 Levy of Assessment.
907.07 Publication of ordinance.
907.08 Any number included in single proceedings.
CROSS REFERENCES
Council may order street improvements - see CHTR. § 51
Assessments and improvements - see CHTR. Ch. XI
Sprinkling - see Ohio R.C. 723.16 et seq.
Littering prohibited - see S.U. & P.S. 963.10 et seq.
The purpose of this chapter is to set forth the procedures to be followed by the City in providing Assessed Services and in levying special assessments against the properties specially benefitted by Assessed Services.
As used in this chapter, "Assessed Services" means the following services provided by the City and for which special assessments are levied against the properties specially benefitted thereby:
(a) Sprinkling, sweeping, cleaning, removing snow from and treating the surface of streets, alleys and other public ways;
(b) Lighting of streets, alleys and other public ways;
(c) Controlling the blight and disease of, and planting, maintaining, trimming and removing, shade trees in and along streets, alleys and other public ways; and
(d) Constructing, maintaining, repairing, cleaning and enclosing ditches.
(Ord. 883-91. Passed 11-26-91.)
When the City proposes to provide any of the Assessed Services, the plans, specifications, estimate of cost and schedules for those Assessed Services shall be prepared and filed as follows:
(a) For sprinkling, sweeping, cleaning, snow removal services, and treating the surface of streets - the plans, specifications, estimate of cost, and schedules shall be prepared by the Director of Public Service and filed in the office of the Clerk of Council. The services shall be provided in accordance with those plans, specifications and schedules, and the grade of each of the streets, alleys and public ways serviced and of the services shall be the existing grade.
(b) For street lighting services - the plans, specifications, estimate of cost, profiles and schedules shall be prepared by the Director of Public Utilities and filed in the office of the Clerk of Council. The services shall be provided in accordance with those plans, specifications, profiles, estimates and schedules, and the grade of each of the streets, alleys and public ways serviced and of the services shall be the existing grade.
(c) For shade tree services - the plans, specifications, estimate of cost and schedules shall be prepared by the Director of Natural Resources and filed with his office. The services shall be provided in accordance with those plans, specifications and schedules, and the grade of each of the streets, alleys and public ways serviced and of the services shall be the existing grade. For purposes of providing the services and assessing their costs, there shall be a single district known as the "Toledo Forestry District" which district shall include all territory within the boundaries of and be coextensive with the City.
(d) For ditch services - the plans, specifications, estimate of cost and schedules for the services shall be prepared by the Director of Public Utilities and filed in his office. The services shall be provided in accordance with those plans, specifications and schedules. For purposes of providing the services and assessing their cost, there shall be a single district known as the "Toledo Ditch District" which district shall include all territory within the boundaries of and be coextensive with the City.
In each case the plans, specifications and estimate of cost shall remain on file and be available for public inspection until the completion of the proceedings provided in this chapter.
(Ord. 883-91. Passed 11-26-91.)
After the plans, specifications and estimate of cost for an Assessed Service have been filed as provided in Section 907.02, Council may declare by ordinance the necessity of performing that Assessed Service. Such ordinance shall:
(a) Designate, as appropriate, the streets, alleys, public ways or districts of the City to be serviced, provided that it shall be sufficient to describe the same as all streets, alleys and public ways within certain designated boundaries.
(b) Approve the plans, specifications and estimate of cost on file as provided in this chapter.
(c) Recite whether the entire cost of the Assessed Service is to be assessed or such lesser portion as Council may determine.
(d) State the method of levying the assessments which may be by a percentage of the tax value of the property assessed, in proportion to the benefits which may result from the Assessed Service or by the foot front of the properties bounding and abutting upon the streets, alleys and public ways to be serviced.
(e) State the number of annual or semiannual installments in which the special assessments levied will be collected.
(f) Determine whether the assessments will be levied and collected before or after, or partially before and partially after, the provision of the Assessed Service for which the assessment is to be levied is commenced.
(g) Describe the properties to be specially assessed for the Assessed Service. For this purpose, it shall be sufficient to describe the properties as all lots and lands:
(1) Bounding and abutting upon the designated streets, alleys and public ways serviced, or
(2) Within the described perimeters of an area serviced.
(h) Provide for the preparation of the estimated assessments in accordance with the determinations in the ordinance. Such estimated assessments when prepared shall be filed in the office of the Clerk of Council.
(Ord. 883-91. Passed 11-26-91.)
The ordinance of necessity in Section 907.03 shall be published in the manner required by the City Charter.
(Ord. 883-91. Passed 11-26-91.)
Notice of the passage of the ordinance of necessity and the filing of the estimated assessments shall be given by publication once a week for two consecutive weeks in a newspaper of general circulation in the City, and such notice shall be complete on the date of its second publication. The notice shall identify the streets, alleys and public ways, or districts, to receive the Assessed Service and also the properties to be assessed therefor, which identification may be in the same form as in the ordinance of necessity. It shall set forth that objections to such assessments will be received in the office of the Clerk of Council in writing within ten days from the date of the second publication of the notice, and the proceedings subsequent thereto shall be the same as those set forth in Section 200 of the City Charter.
(Ord. 883-91. Passed 11-26-91.)
Prior to or after, or partially prior to and partially after, the commencement of the provision of an Assessed Service, as may be provided in the ordinance of necessity, Council shall by ordinance levy assessments in an amount required to pay the portion of the cost of that Assessed Service which is to be assessed in accordance with the ordinance of necessity.
The assessing ordinance shall set forth the number of annual installments in which the assessments shall be collected, which number shall be the same as that specified in the ordinance of necessity, and shall provide a period of at least thirty days in which any assessment may be paid in cash.
(Ord. 883-91. Passed 11-26-91.)
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