[Adopted 1-6-1988 as Title 2, Ch. 6, of the 1988 Code]
A.
The Village 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.
The amount assessed against any property for any 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.
Prior to making any such special assessments, 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 assessment district, and the number of installments in which the special assessments may be paid, or that the number of installments will be determined at the hearing required under § 60-19 of this article, 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.
The report required by Subsection A shall consist of:
(1)
Preliminary or final plans and specifications.
(2)
An estimate of the entire cost of the proposed work or improvement.
(4)
A statement that the property against which the assessments are proposed is benefitted, where the work or improvements constitute an exercise of the police power. In such case the estimates required under Subsection B(3) of this section shall be replaced by a schedule of the proposed assessments.
C.
A copy of the report when completed shall be filed with the Village
Clerk-Treasurer for public inspection.
D.
When the Village Board determines by resolution that the hearing on the assessments be held subsequent to the completion of the work or improvement or the rending of the service, the report required by § 66.0703(5), Wis. Stats., and Subsections A and B above shall contain a statement of the final cost of the work, service or improvement in lieu of an estimate of the cost.
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
and 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.
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.
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 circumstance 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 § 60-16B of this article, 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 than 10 nor more than 40 days after publication.
A.
After the hearing, the Village Board may approve, disapprove, modify
or re-refer the report to the designated officer or employee with
such directions as it deems necessary to change the plans and specifications
so as to accomplish a fair and equitable assessment.
B.
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.
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.
The Village Clerk-Treasurer shall publish the final resolutions as required in § 60-19 of this article.
E.
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
under § 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 very 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 § 60-19, 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 § 60-20 of this article.
If the cost of the work or improvement is less than 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. The Village Board
shall provide for the collection of such assessments 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.
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.[1]
(1)
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; sewer service; stormwater
management, including construction of stormwater management facilities;
tree care or removal; removal and disposition of dead animals under
§ 60.23(2), Wis. Stats.; loan repayment under § 70.57(4)(b),
Wis. Stats.; soil conservation work under § 92.115, Wis.
Stats.; and snow removal under § 86.105, Wis. Stats.
(2)
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.
A.
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.
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.
Notwithstanding any other provision of law, or this article or other
ordinance or resolution, it is specifically intended and provided
by this article that the Village 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.