[HISTORY: Adopted by the Village Board of the Village of Westfield
as Title 2, Ch. 6 of the 1985 Code. Amendments noted where applicable.]
A.Â
The Village of Westfield by resolution of its Village
Board may levy and collect special assessments upon property in a limited
and determinable area for special benefits conferred upon such property by
any municipal work or improvement and may provide for the payment of all or
any part of the cost of the work or improvement out of the proceeds of the
special assessments.[1]
B.Â
The amount assessed against any property for any such
work or improvement which does not represent an exercise of the police power
shall not exceed the value of the benefits accruing to the property therefrom,
and for those representing an exercise of the police power, the assessment
shall be upon a reasonable basis as determined by the Village Board.
A.Â
Prior to making any such special assessment, the Village Board shall declare by preliminary resolution its intention to exercise such powers for a stated municipal purpose. Such resolution shall describe generally the contemplated purpose, the limits of the proposed district, and the number of installments in which the special assessment may be paid or that the number of installments will be determined at the hearing required under § 12-5 of this chapter and direct the proper municipal officer or employee to make a report thereon. Such resolution may limit the proportion of the cost to be assessed.
B.Â
C.Â
A copy of the report when completed shall be filed with the Village
Clerk-Treasurer for public inspection.
The cost of any work or improvement to be paid in whole or in part by
special assessment on property may include the direct and indirect cost thereof,
the damages occasioned thereby, the interest on bonds or notes issued in anticipation
of the collection of the assessments, a reasonable charge for the services
of the administrative staff of the Village and the cost of any architectural,
engineering, legal services, and any other item of direct or indirect cost
which may reasonably be attributed to the proposed work or improvement. The
amount to be assessed against all property for any such proposed work or improvement
shall be apportioned among the individual parcels in the manner designated
by the Village Board.
A.Â
If any property deemed benefited shall by reason of any
provision of law be exempt from assessment therefor, such assessment shall
be computed and shall be paid by the Village.
B.Â
A parcel of land against which has been levied a special
assessment for the sanitary sewer or water main laid in one of the streets
upon which it abuts shall be entitled to such deduction or exemption as the
Village Board determines to be reasonable and just under the circumstances
of each case when a special assessment is levied for the sanitary sewer or
water main laid in the other street upon which such corner lot abuts. Under
any circumstances the assessment will not be less than the long way of such
lot. The Village Board may allow a similar deduction or exemption from special
assessments levied for any other public improvement.
On the completion and filing of the report required in § 12-2 of this chapter, the Village Clerk-Treasurer shall give notice stating the nature of the proposed or approved work or improvement, the general boundary lines of the proposed assessment district, the place and time at which the report may be inspected and the place and time at which all interested persons, their agents or attorneys may appear before the Village Board or committee thereof and be heard concerning the matters contained in the preliminary resolution and report. The notice shall be published as a Class 1 notice under Ch. 985, Wis. Stats., in the official Village newspaper and a copy of the notice shall be mailed, at least 10 days before the hearing or proceeding, to every interested person whose post office address is known or can be ascertained with reasonable diligence. The hearing shall commence not less that 10 days and not more than 40 days after publication or posting of said notice.
A.Â
After the hearing, the Village Board may approve, disapprove,
modify or re-refer the report to the designated officer or employee with such
direction as it deems necessary to change the plans and specifications so
as to accomplish a fair and equitable assessment.
B.Â
If an assessment is made against any property and an
award of compensation or damage is made in favor of the property, the Village
Board shall assess only the difference between such assessment of benefits
and the award of compensation or damage.
C.Â
If the work or improvement has not been previously authorized
or approved, the Village Board shall approve the work or improvement and by
resolution direct that the same be done and paid for in accordance with the
report finally approved. If the work or improvement has been approved by the
Village Board or work commenced or completed prior to the filing of the report
or prior to the hearing, then the Village Board shall by resolution confirm
the report as made or modified and provide for payment in whole or in part
by assessment.
D.Â
The Village Clerk-Treasurer shall publish the final resolutions as required in § 12-5 of this chapter.
E.Â
After the publication of the final resolution, any work
or improvement provided for and not yet authorized shall be deemed fully authorized
and all awards of compensation or damage and all assessments made shall be
deemed duly and properly made, subject to the right of appeal by § 66.0703(12),
Wis. Stats., or any other applicable provision of law.
If more than a single improvement is undertaken, the Village Board may
combine the assessments as a single assessment on each property affected,
except that the property owner may object to any one or more of said improvements.
If after completion or after the receipt of bids the actual cost of any work or improvement is found to vary materially from the original estimate, or the assessment is void or invalid for any reason, or if the Village Board determines to reconsider an assessment, it is empowered, after giving notice as required in § 12-5, to amend, cancel or confirm any prior assessment, and notice of this amending, canceling or confirming shall be given by the Village Clerk-Treasurer as provided in § 12-6 of this chapter.
If the cost of the work or improvement is less that the assessment levied,
the Village Board without notice or hearing shall reduce each assessment proportionately.
If the assessment has been paid either in part or in full the Village shall
refund the property owner such overpayment.
Pursuant to § 66.0703(12)(f), Wis. Stats., it shall be a condition
to the maintenance of any appeal that any assessment appealed shall be paid
when due and payable, and upon default in payment any such appeal shall be
dismissed.
Pursuant to § 66.0703(13), Wis. Stats., any special assessment
levied under this chapter shall be a lien on the property against which it
is levied on behalf of the Village of Westfield. The Village Board shall provide
for the collection of such assessment and may establish penalties for payment
after the due date. The Village Board shall provide that all assessments not
paid by the date specified shall be extended upon the tax roll as a delinquent
tax against the property, and all proceedings in relation to the collection
of such delinquent taxes shall apply to such assessment, except as otherwise
provided by statute.
A.Â
In addition to all other methods provided by law, special
charges for current services may be imposed by the Village Board by allocating
all or part of the cost of the service to the property served. Such service
may include snow and ice removal, weed elimination, street sprinkling, oiling
and tarring, repair of sidewalks or curb and gutter, garbage and refuse disposal,
recycling, stormwater management, including construction of stormwater management
facilities, tree care, removal and disposition of dead animals, and soil conservation
work. The Village Board may determine the manner of providing notice of a
special charge. Before a special charge for street tarring or the repair of
sidewalks, curbs or gutters may be imposed, the Village Board shall conduct
a hearing on whether the service in question will be funded in whole or in
part by a special charge. Notice of the hearing shall be given as provided
in § 66.0627(3)(b), Wis. Stats.[1]
The following standard for paying special assessments on sidewalk, curb,
gutter and street projects is established:
A.Â
Upon receipt of a special assessment bill, a property
owner may pay the total cost or he may elect one of the following options:
(1)Â
Total cost less than $300. No option; total due within
three months.
(2)Â
Total cost $300 to $750. Two equal payments, the first
due within three months, the second due within 15 months.
(3)Â
Total cost more than $750. Three equal payments, the
first due within three months, the second due within 15 months, and the third
due within 27 months.
B.Â
After three months, interest will accrue on the unpaid
balance at the rate of two percentage points above the prime rate as determined
by the Village's bank of deposit at the time of billing.
C.Â
Said special assessment will be placed on the tax roll
for collection after one full year following the last due date.
A.Â
If any assessment or charge levied under this chapter
is invalid because such statutes are found to be unconstitutional, the Village
Board may thereafter reassess such assessment or charge pursuant to the provisions
of any applicable law.
B.Â
The Village Board may, without notice or hearing, levy
and assess all or any part of the cost of any work or improvement upon the
property benefited if notice and hearing are waived in writing by property
owners affected.
C.Â
Notwithstanding any other provision of law or this chapter
or other ordinance or resolution, it is specifically intended and provided
by this chapter that the Village of Westfield may levy special assessments
for work or improvement against the property benefited either before or after
the approval of the work plans and specifications, contracting for the work
or completing the work or improvement.[1]