[Adopted 3-9-1981 by Ord. No. 1289 (Ch. 18, Part 3, of the
1997 Code of Ordinances)]
[Amended 12-12-1988 by Ord. No. 1491]
The Council may lay out, ordain and construct sanitary sewers
in streets and on public or private property and pay the costs and
expenses thereof out of City funds, or may assess the costs and expenses
as herein provided. The costs and expenses of such sanitary sewers
may be assessed against property benefitted, accommodated or improved
thereby, regardless of the property line location and regardless of
whether any portion of a property so benefitted, accommodated or improved
shall physically abut upon such sanitary sewer.
[Amended 12-12-1988 by Ord. No. 1491]
Where the City intends to construct sanitary sewers and desires
to assess the costs and expenses upon property benefited, then the
City Engineer shall assess the total costs and expenses of the project.
At least 15 days prior to the meeting of Council at which an
ordinance for the construction of sanitary sewers is to be considered
for enactment, notice must be sent to the property owners of lands
benefited, accommodated or improved thereby, said notice to contain
a description of the improvement, the date, time and place of the
meeting, and the type of assessment to be considered.
[Amended 12-12-1988 by Ord. No. 1491]
Where the City constructs sanitary sewers and desires to assess
the costs and expenses thereof by the foot-front rule, it may, by
ordinance, provide that the expenses shall be assessed against the
property benefitted, improved or accommodated by any sanitary sewer,
whether or not such property abuts upon such sewer, by the foot-front
rule and may provide for equitable assessments and/or adjustments
when special conditions exist where an assessment for the full frontage
would be unjust in the opinion of the City Engineer.
[Amended 12-12-1988 by Ord. No. 1491]
Prior to the enactment of an ordinance for construction of sewers
to be assessed on owners of land benefited, accommodated or improved
thereby, the City Engineer shall estimate the costs to be assessed
against each abutting property owner. The Clerk or the Engineer shall
announce at the Council meeting the estimated assessed costs. The
individual assessment referred to shall be computed under the terms
of the ordinance, but the individual assessments need not be itemized
therein.
[Amended 12-12-1988 by Ord. No. 1491]
A.
When the City shall construct a sanitary sewer and assesses the cost
thereof by the foot-front rule, the assessment, duly certified under
the seal of the City, attested by the Mayor and Clerk, shall be collected
from the owner of property benefited, improved or accommodated thereby.
B.
Such certificate of assessment shall be prima facie evidence in any
suit for the recovery of the same of the correctness and validity
of such assessment.
C.
Notice of said assessment must be mailed to such owner prior to 45
days following completion of the work.
[Amended 12-12-1988 by Ord. No. 1491]
If the owners of property against which a foot-front assessment
has been made shall refuse to pay such assessment within 30 days after
notice of the same, it shall be the duty of the City Solicitor to
collect the same, with interest from the time of completion of the
improvement, by action of assumpsit or by lien to be filed and collected
in the same manner as municipal claims. When an owner has two or more
lots against which there is an assessment for the same improvement,
all of such lots may be embraced in one claim.
Whenever Council assesses the costs of any sanitary sewer construction
against owners of abutting properties, Council shall authorize the
payment of such assessment in equal semiannual installments for a
period of years to be set by Council, but in no case for more than
five years, provided that the property owner makes the initial payment
within 30 days after the notice of the assessment.
[Amended 12-12-1988 by Ord. No. 1491]
Installments as authorized in § 380-37 shall be payable to the office of the City Manager with interest at the rate as set by resolution of Council for tax anticipation notes during the year in which the assessment was made. In case of default in the payment of any installment and interest for a period of 60 days after the same shall become due, the entire assessment and accrued interest shall become due, and the Solicitor shall proceed to collect the same in the manner as provided for in § 380-3 of this article.
