| 13.20 Local Improvements and Special
Assessments (Ashland Municipal Code (AMC) reprinted in total)
13.20.010 Definitions
The following words and phrases whenever used in this chapter shall be construed
as defined in this section unless from the context a different meaning is
intended. |
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A. |
"Improvement resolution" means that resolution adopted by the council
declaring its intention to make a local improvement. |
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B. |
"Local Improvement" has the meaning given under ORS 223.001. |
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C. |
"Local Improvement District" means the property that is to be assessed
for all or any portion of the cost of a local improvement and the property
on which the local improvement is located. |
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D. |
"Lot" means a lot, block or parcel of land. |
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E. |
"Owner" means the owner of the title to real property or the contract
purchaser of real property of record as shown on the last available complete
assessment role in the office of the County Assessor. |
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13.20.020 Initiation of Local
Improvements
Whenever the council in its discretion deems it necessary to make any local
improvement to be paid for in whole or in part by special assessment, the
council may declare its intention to make the local improvement by adopting
an improvement resolution. The proposed local improvement may be initiated
by either of the following methods: |
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A. |
By the council, at its own initiative; or |
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B. |
By written petition requesting the local improvement signed by the owners
of property that would benefit specially from the local improvement and that
would have at least 50% of the anticipated assessment as estimated by the
city engineer.
Whenever all of the owners of any property to be benefitted and assessed
for any local improvement have signed a petition directed and presented to
the council requesting such local improvement, the council may initiate and
construct such local improvement without publishing or mailing notice to
the owners of the affected property and without holding a public hearing
regarding the proposed local improvement. (Ord 2731, 1994; amended Ord 2755,
1995) |
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| 13.20.030 Content of Improvement
Resolution |
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A. |
Mandatory Provisions. The improvement resolution shall contain the following: |
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1. A description of the improvement;
2. A description or map of the boundaries of the local improvement district
to be assessed;
3. A declaration of the council's intention to undertake the improvement;
4. Provision for a date, time and place for a hearing regarding the improvement;
and
5. A direction that notice be given of the improvement and of the public
hearing.
6. The amount of the estimated cost of the improvement made by the city engineer
and a proposed allocation of the cost of the improvement among the owners
of the property to be specially benefitted; |
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B. |
Optional Provisions. The improvement resolution may include the following: |
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1. A determination whether the property benefitted shall bear all or
any portion of the cost of the local improvement, based upon the estimated
cost;
2. Alternative proposals relating to the local improvement, but only if each
alternative contains all of the information required to be contained in the
resolution if that alternative proposal were the only proposal put forward;
and
3. Any other information that the council deems relevant to the improvement. |
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| 13.20.040 Notice of Hearing Regarding
Improvement Resolution |
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A. |
Notice. Notice of the hearing regarding the improvement resolution shall
be given at least 30 days prior to the scheduled date of the hearing. |
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B. |
Method of Delivering Notice. Notice shall be made by publication in a
newspaper of general circulation within the city and by mailing copies of
the notice by first class mail to the owners of lots affected by the improvement. |
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C. |
Content of Notice. |
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1. The notice shall contain:
00a. A general description of the proposed
improvement;
00b. A description or map of the local improvement
district to be created;
00c. A description of the property to be
specifically benefitted by the
improvement; and
00d. The date, time and place of the hearing
when the council will hear and
consider objections or responses to the
improvement.
00e. A statement that if two-thirds of the property
owners to be benefitted
object to the improvement, the improvement will be suspended
for six
months.
00f. A clear explanation on how and where property
owners may object to the
improvement.
00g. The amount of the estimated assessment
proposed on each particular
property.
00h. Any other information the council may direct
to be included. |
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D. |
Effect of Failure of Notice. Any mistake, error, omission or failure
with respect to a good faith mailing of any notice shall not be jurisdictional
or invalidate the improvement proceedings. |
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| 13.20.050 Hearing on Improvement
Resolution |
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A. |
Testimony Considered. At the hearing regarding the improvement resolution,
the council shall hear and consider testimony, both oral and written, on
the improvement. |
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B. |
Approval in Discretion of Council. The council may implement the improvement
resolution and undertake completion of the improvement only if, in its sole
discretion, the improvement is in the best interest of the city. The council's
discretion shall not be limited by the fact that a majority of the benefitted
property owners have requested or indicated their support for the improvement. |
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C. |
Effect of Remonstrance. If at the hearing, the owners of two-thirds of
the property to be specially assessed for the improvement, or the owners
of property which will be assessed for two-thirds or more of the proposed
assessment, deliver to the council a remonstrance to the improvement, then
action on the improvement shall be suspended for a period of six months.
Action on sidewalks or on improvements unanimously declared by the council
to be needed at once because of an emergency shall not be subject to suspension
by a remonstrance of the owners of the property to be specially
assessed.
Notwithstanding any document or agreement obligating an owner, or the owner's
successor in interest, to be favor of improvements or in favor of a local
improvement district, or any document of agreement waiving an owner's or
successor's right to remonstrate against improvements of a local improvement
district, such owner or successor may remonstrate and such remonstration
shall qualify as a remonstrance under this section. (Ord 2837 S1, 1999) |
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D. |
Modifications. At the hearing, the council may direct any modification
of the improvement that it deems appropriate. If the council modifies the
scope of the improvement such that the local improvement district would be
enlarged, or, if estimated assessments have been made by the time of the
hearing, the assessment is likely to be increased by more than ten percent
upon one or more lots, then a new improvement resolution shall be adopted
by the council, and new notices mailed to all of the owners of properties
within the local improvement district. No new publication regarding the amended
improvement need be made.(Ord 2731, 1994) |
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E. |
Creation of Local Improvement District. If the improvement is approved
by the council, the council shall by resolution create the local improvement
district to be served by the improvement. |
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F. |
Determination of Allocation. The council shall determine whether the
property benefitted shall bear all or a portion of the cost. The council
shall then direct the city recorder to prepare the estimated assessment to
the respective lots within the local improvement district and file it in
the lien records of the city. The council shall then hear any objections
that have been filed with the recorder concerning the amount of the assessments,
and may adopt, correct, modify or revise the estimated assessments. |
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| 13.20.060 Method of
Assessment |
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A. |
Procedure for Assessment. When the estimated cost of an authorized local
improvement has been ascertained on the basis of the award of a contract
or the departmental cost of the city or other governmental agency to undertake
the improvement, the city recorder, or such other person as the council may
direct, shall prepare the proposed assessments to the respective lots within
the local improvement district, shall file them in the office of the city
recorder, and shall submit the proposed assessments to the council. The
submission may be in the form of a proposed resolution. |
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B. |
Determination of Assessment. The council shall determine the amount of
the estimated assessment to be charged against each lot within the local
improvement district according to the special and peculiar benefits accruing
to the lot from the improvement, and shall spread the estimated assessments
accordingly. If the estimated cost, as ascertained under the preceding paragraph,
is more than ten percent above any estimated total assessment for the project
the council may vote to discontinue the project or to find other sources
of funds so that the actual assessment does not exceed the estimated assessment
by more than ten percent. In determining and spreading the assessment, the
council may use any just and reasonable method consistent with the benefits
derived by the various affected lots. If any actual assessment to be levied
on an individual lot exceeds the original estimated assessment by more than
ten percent, the council shall review such increase at the public hearing
described in section 13.20.060.E. (Ord 2731, 1994) |
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C. |
Adoption of Proposed Assessment. Upon receiving the proposed assessment,
the council shall, after making any modifications, adopt a resolution directing
that notice of the proposed assessments be mailed or personally delivered
to the owners of the lots to be assessed. The notice shall contain the following
information:
1. The name of the owner, a description of the property to be assessed, and
the amount to be assessed against the property.
2. A date and time by which written objections to the proposed assessment,
stating specifically the grounds for objection, must be received, and the
date, place and time of a hearing at which the council will consider any
objections.
3. A statement that the assessment will be levied by the council after the
hearing, will be charged against the property, and will be immediately payable
in full or in installments (if applicable) following the levy. |
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D. |
Supplementary Notice. Supplementary notice of the proposed assessment
and of the hearing scheduled to consider the proposed assessment in form
and content to be determined by the city recorder may also be published or
posted by the city recorder. |
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E. |
Hearing Regarding Proposed Assessments. The council shall hold a public
hearing on the date and time set in the notice to consider those objections
filed in writing with respect to the proposed assessments. The council may
adopt, correct, modify or revise the proposed assessments and shall determine
the amount of the assessment to be charged against each lot within the local
improvement district according to the special and peculiar benefits accruing
to it from the improvements, and shall by resolution levy and spread the
assessments and cause that notice of the assessments be delivered to all
of the owners of property within the local improvement district. |
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| 13.20.070 Notice of
Assessment |
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A. |
Within ten days after the effective date of the resolution levying the
assessments, the city recorder shall send by first class mail to the owner
of the assessed property, a notice of assessment. The notice shall contain
the following information:
1. The date of the resolution levying the assessment, the name of the owner
of the property assessed, the amount of the assessment, and a description
of the property assessed;
2. A statement that the owner may file an application to pay the assessment
in installments, as provided in this chapter; and
3. A statement that the entire amount of the assessment, less any part for
which application to pay in installments is made, is due within 20 days of
the date of the letter and, if unpaid on that date, will accrue interest
and subject the property to foreclosure. |
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B. |
Supplementary notices of assessment, in form and content to be determined
by the city recorder, may also be published or posted by the city recorder. |
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C. |
Failure to receive any notice of assessment shall not invalidate the
proceedings nor affect the validity of the assessment. |
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13.20.080 Address To Which Notices
Should Be Sent
If a notice is required to be sent to the owner of a lot pursuant to this
chapter, the notice shall be addressed to the owner or the owner's agent,
as such address is recorded in the county tax roll. If the address of the
owner or of the owner's agent is unknown to the recorder, the recorder shall
mail the notice addressed to the owner or the owner's agent at the address
where the property is located. Any mistake, error, omission or failure in
respect to a good faith mailing shall not be jurisdictional or invalidate
the assessment proceeding, but there shall be no foreclosure or legal action
to collect until notice has been given by personal service upon the property
owner, or, if personal service cannot be had, then by publication once a
week for two consecutive weeks in a newspaper of general circulation within
the city. |
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13.20.090 Deficit Assessments or
Refunds
If the initial assessment has been made on the basis of estimated cost, and,
upon completion of the work, the cost is found to be greater than the estimated
cost, the council may make a deficit assessment for the additional cost,
provided, however, the council may not make a deficit assessment for more
than ten percent of the initial assessment. Proposed assessments upon the
respective lots within the special improvement district for a proportionate
share of the deficit shall be made, notices shall be sent, opportunity for
objections shall be given, any objections shall be considered, and a
determination of the assessment against each particular lot, block, or parcel
of land shall be made in the same manner as in the case of the initial
assessment, and the deficit assessment shall be spread by resolution. |
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13.20.100 Rebates and
Credits
If assessments have been made on the basis of estimated cost and upon completion
of the improvement project the cost is found to be less than the estimated
cost, the council shall ascertain and declare the same by resolution, and
when so declared, the excess amounts shall be entered on the city lien record
as a credit upon the appropriate assessment. Thereafter, the person who paid
the original assessment, or that person's legal representative or successor,
shall be entitled to repayment of the excess amount. If the property owner
has filed an application to pay the assessment by installment, the owner
shall be entitled to such refund only when such installments, together with
interest thereon, are fully paid. If the property owner has neither paid
such assessment nor filed an application to pay in installments, the amount
of the refund shall be deducted from such assessment, and the remainder shall
remain a lien on the property until legally satisfied. |
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13.20.110 Description of Real Property;
Effect of Error In Name of Owner
In levying, collecting and enforcing local assessments for local improvements,
the following shall apply: |
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A. |
Real property may be described by giving the subdivision according to
the United States survey when coincident with the boundaries of the property,
or by lots, blocks and addition or subdivision names, or by metes and bounds
or reference to the volume and page or document number of any public record
of Jackson County where the description may be found, or by designation of
tax lot number referring to a record kept by the Assessor of descriptions
of real property of Jackson County, which record shall constitute a public
record, or in any other manner as to cause the description to be capable
of being made certain. Initial letters, abbreviations, figures, fractions
and exponents, to designate the township, range, section or part of a section,
where the number of any lot or block or part, or any distance, course, bearing
or direction, may be implied in any description of real property. |
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B. |
If the owner of any land is unknown, the land may be assessed to "unknown
owner," or "unknown owners." If the property is correctly described, no final
assessment shall be invalidated by a mistake in the name of the owner of
the real property assessed or by the omission of the name of the owner or
the entry of a name other than that of the true owner. Where the name of
the true owner, or the owner of record, of a partial of real property is
given, the final assessment shall not be held invalid on account of any error
or irregularity in the description if the description would be sufficient
in a deed of conveyance from the owner, or such that, in a suit to enforce
a contract to convey, employing such description a court of equity would
hold it to be good and sufficient. |
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C. |
Any description of real property that conforms substantially to the
requirements of this section shall be a sufficient description in all proceedings
of assessment relating or leading to a final assessment for a local improvement,
foreclosure and sale of delinquent assessments, and in any other proceeding
related to or connected with levying, collecting and enforcing final assessment
for special benefits to the property. |
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| 13.20.120 Lien Records and Foreclosure
Proceedings |
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A. |
Assessment Liens. After adoption of the assessment resolution by the
council, the city recorder shall enter in the city lien record and adopt
a statement of the amount assessed upon each particular lot, parcel of land
or portion, together with a description of the improvement, the name of the
owners, and the date of the assessment resolution. The amounts entered in
the lien record shall become a lien and charge upon the respective lots,
parcels of land or portions that have been assessed for such improvement.
All assessment liens of the city shall be superior and prior to all other
interests, liens and encumbrances on the assessed property insofar as the
laws of the State of Oregon permit. |
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B. |
Interest. Interest shall be charged until paid on all amounts assessed
but not paid within 20 days from the date of the notice of assessment, at
a rate to be determined by the council. |
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C. |
Foreclosure. After expiration of 20 days from the date of the notice
of assessment, the city may proceed to foreclose or enforce collection of
the assessment liens in the manner provided by the general law in the State
of Oregon for the collection of such liens. The city may, at its option,
bid the amount of its lien for the property being offered at any foreclosure
sale. |
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13.20.130 Errors in Assessment
Calculations
Persons claiming errors in the calculation of assessments shall bring the
alleged errors to the attention of the city recorder. The city recorder shall
determine whether there has been an error in fact. If the city recorder finds
that there has been an error in fact, the city recorder shall recommend to
the council an amendment to the assessment resolution to correct the error.
Upon adoption of the correcting resolution, the city recorder shall cause
the correction to be made in the city lien record and shall cause a corrected
notice of assessment to be sent by first class mail to the owners of all
affected properties. |
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13.20.140 Installment Payments of
Assessments
The Bancroft Bonding Act (ORS 223.205 to 223.295) shall apply to assessments
levied in accordance with this chapter, subject to the provisions of this
chapter. Unless otherwise provided in a particular assessment resolution,
the owner of any property assessed for a local improvement in a sum of $100
or more may, at any time within 20 days after the date of the assessment
notice (or within such lesser time, not to be less than ten days, as the
council may from time to time establish), file with the city recorder a written
application to pay the whole of the assessment, or, if any part of the assessment
has been paid, the unpaid balance of the assessment, in 20 semi-annual
installments, together with interest thereon at a rate to be determined by
the council, and an amount, to be determined by the council, sufficient to
pay a proportionate part of administering the bond assessment program and
issuing the bonds. In addition, each application shall state that the applicant
waives all irregularities, jurisdictional or otherwise, in the proceedings
to cause the local improvement for which the final assessment is levied and
in the apportionment of the actual cost of the local improvement, and shall
contain a description, by lots and blocks, or other convenient method, of
the property of the applicant assessed for the improvement. |
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13.20.145 Deferral of Assessment
Payments
An owner may elect to defer payment of the amount of special assessment for
a local improvement assessed on potential units pursuant to this chapter.
The election shall be made by filing a claim for deferral with the city recorder.
The effect of filing the claim shall be to defer payment of the amount of
special assessment for local improvement on potential units. Potential units
are those lots identified as such in the resolution fixing the final assessments
for a local improvement district. Potential units are determined by using
the potential unit method which establishes the maximum number of potential
units on properties within a proposed local improvement district by taking
into consideration the zoning, densities, topography, transportation, utilities
and such other factors as necessary to evaluate the development potential
of the properties. The claim for deferral shall be effective for the calendar
year for which it is filed and for each subsequent year until the occurrence
of one or more of the events described in this section. |
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A. |
In order to qualify for deferral of payment of special assessment for
local improvement amounts under this section, the owner must meet the following
requirements at the time the claim for deferral is filed and thereafter so
long as payment of the amount of special assessment for local improvement
is deferred:
1. The owner filing the claim must own the fee simple estate or be purchasing
the fee simple estate under a recorded instrument of sale.
2. The property with respect to which the claim is filed must have an assessment
levied upon it for potential units. The deferment will only apply to the
potential units, not lots or parcels which exist as of the date final assessments
are imposed. |
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B. |
A claim for deferral under this section shall be in writing on a form
prescribed by the city recorder and shall:
1. Describe the lot or parcel upon which the potential units exist.
2. Recite facts establishing the eligibility for the deferral under the
provisions of this section.
3. Be verified by a written declaration of the applicant making the claim
to the effect that the statements contained in the claim are true.
4. Be filed within 30 days after notice of the assessment is received. |
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C. |
The city recorder shall show by an entry in the assessment lien record
which property specially assessed is accorded deferral under this section. |
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D. |
Interest shall accrue on the amount of the deferred special assessment
for local improvement at the rate established in the resolution imposing
final assessments. |
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E. |
The liens for deferred special assessment for local improvement shall
have the same priority as special assessment liens against real property. |
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F. |
All deferred special assessments for local improvement, including accrued
interest, become payable when:
1. The property with respect to which deferral of collection of special
assessment for local improvement is claimed is sold, or a contract to sell
is entered into, or some person, other than the owner who claimed the deferral
or other than a surviving spouse of such owner who elects to continue the
deferral, becomes the owner of the property. The surviving spouse may elect
to continue the property in its deferred status if the election is filed
in the same manner as a claim for deferral is filed under section 13.20.145.B
within six months of the death of the spouse who claimed the deferral. Thereupon,
the property with respect to which the deferral is claimed shall continue
to be subject to special assessment deferral.
2. When any sale, contract to sell or any other transfer occurs and a surviving
spouse does not elect to continue the deferral, the amounts of deferred special
assessment for local improvement, including accrued interest, shall be due
and payable on the sale or transfer of the property.
3. If the amounts falling due as provided in this section are not paid on
the indicated due date, the amounts shall be deemed delinquent as of that
date and the property shall become subject to foreclosure. (Ord 2837 S2,
Added, 02/16/1999) |
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13.20.150 Abandonment of
Proceedings
The council shall have full power and authority to abandon and rescind
proceedings for local improvements made under this chapter at any time prior
to the final completion of such improvement. If liens have been assessed
upon any property under such procedure, they shall be canceled, and any payments
made on such assessments shall be refunded to the persons paying the same,
their assigns or successors. |
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13.20.160 Manner of Doing
Work
Local improvements may be made in whole or in part by the city, by another
governmental agency, by contract, or by any combination of these. The city
administrator, on behalf of the city, shall determine the engineer for all
work to be accepted by the city for public maintenance. |
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13.20.170 Curative
Provisions
No improvement assessment shall be rendered invalid by reason of a failure
to have all of the information required to be in any engineer's or city
recorder's report, the improvement resolution, the assessment resolution,
the lien docket or notices required to be published, mailed or posted; nor
by the failure to list the name of, or mail notice to, the owner of any property
as required by this chapter; nor by reason of any other error, mistake, delay,
omission, irregularity, or other act, jurisdictional or otherwise, in any
of the proceedings or steps specified in this chapter, if such proceedings
or steps were made in a good faith effort to comply with the requirements
of this chapter, unless it appears otherwise that the assessment is unfair
or unjust in its effect upon the person complaining. The council shall have
the power and authority to remedy and correct all such matters by suitable
action and proceedings. |
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| 13.20.180 Construction of Improvement:
Bids |
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A. |
Immediately after the effective date of the resolution establishing the
local improvement district, the engineer for the city shall cause necessary
right-of-way and easements to be acquired and the improvement to be made
in accordance with the terms of the resolution if the work is to be performed
by the city or another governmental agency. If any part of the work of the
improvement is to be done under contract bids, the engineer for the city
shall cause detailed plans and specifications to be prepared and filed and
notice calling for bids to be published in a newspaper of general circulation
within the city not less than ten days prior to the opening of the bids.
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B. |
The city administrator shall have the authority to sign all contracts
on behalf of the city. |
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C. |
If the bid is more than ten percent above the engineer's estimate, the
city administrator shall refer the matter to the city council which may,
in its discretion, provide for holding a special hearing to consider objections
to proceeding with the improvement on the basis of such bid. |
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| 13.20.190 Reassessments |
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A. |
Whenever all or part of any assessment for any local improvement has
been or shall be declared void or set aside for any reason or its enforcement
refused by any court by reason of jurisdictional or other defects in procedure,
or whenever the council is in doubt as to the validity of all or any part
of such assessment, the council may make a new assessment or reassessment
in the manner provided in ORS 223.405 through ORS 223.485, inclusive. |
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B. |
For purposes of this section, the term "assessment" includes deficit
or supplemental assessments and reassessments. |
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| 13.20.200 Apportionment of Liens Upon
Partition |
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A. |
Whenever the ownership of any portion of a tract of real property less
than the entire tract is or has been transferred through partition or otherwise,
any lien against said real property in favor of the city shall, upon request
of the owner, mortgagee or lien holder of any portion of the tract, be
apportioned as provided in this section and not otherwise; provided, that
such transfer is in accordance with ORS 92.010 to 92.190, the Ashland
Comprehensive Plan and Land Use Ordinance. |
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B. |
Applications for the apportionment of liens shall be made to the city
recorder and shall be accompanied by a fee established by resolution of the
council. The application shall describe the tract to be partitioned and the
names of the owners of the respective tracts resulting from the partition.
The County Assessor shall furnish to the applicant a certificate showing
the assessed valuation of the tract prior to partition as of July 1 of the
year in which the apportionment is requested, if available; or if not available,
as of July 1 of the preceding year. |
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C. |
The city recorder shall compute an apportionment of the lien against
the real property upon the same basis as the same was originally computed
and apportioned. No apportionment shall be made unless all parts of the original
tract of land, taken together, after the apportionment will have a true cash
value as determined from the certificate of the assessor of at least the
amount of the lien as to the various tracts concerned. |
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D. |
Apportionment of a final assessment resulting from a partition under
this section shall be done in accordance with a resolution of the council.
The resolution shall describe each parcel of real property affected by the
apportionment, the amount of the final assessment levied against each parcel,
the owner of each parcel and such additional information as is required to
keep a permanent and complete record of the final assessments and payments.
A copy of the resolution shall be delivered to the city recorder for filing
in the city lien docket. |
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E. |
No apportionment may be made under this section unless the deed, mortgage
or other instrument evidencing the applicant's interest in the parcel has
been recorded by the County Clerk, or, if the same has not been filed, the
applicant files a true copy with the city recorder. |
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13.20.210
Remedies
Subject to the curative provisions of this chapter and the rights of the
city to reassess, all actions of the council taken pursuant to this chapter
are reviewable solely and exclusively by writ of review in accordance with
the procedures in ORS 31.010 to 34.100. |
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13.20.220
Severability
Should any section, paragraph, sentence or word of this chapter be declared
for any reason to be invalid, it is the intent of the city of Ashland that
all other portions remain if effect. (Ord 2705, 1993) |
