The Council shall have the power to make public improvements
within the city. As to public improvements which are of such a nature
as to benefit especially any property or properties within a district,
the Council shall have the power to determine, by resolution, that
the whole or any part of the expense of any such public improvement
shall be defrayed by special assessment upon such property, in proportion
to the benefits derived or to be derived.
The Council shall prescribe, by ordinance, the complete special
assessment procedure governing the initiation of public improvement
projects, the preparation of plans and cost estimates, the creation
of special assessment districts, notices and hearings, making of special
assessment rolls, the correction of errors in such rolls, the confirming
of special assessment rolls, the number of installments in which special
assessments may be paid, the collection of special assessments, and
the making of additional assessments where the original special assessment
roll proves insufficient to pay the cost of the improvement or the
cost of the repayment of the principal of and interest on money borrowed
to pay for such improvement, refunds or excessive assessments: Provided,
that, when such excess is less than 5% of the total amount of the
assessment roll, the excess may be placed in the general fund; and
any other matters concerning the making and financing of improvements
by the special assessment method. Such ordinance shall include provisions
for the following:
(1)
The procedure for filing petitions for public improvements;
(2)
A survey and report by the City Manager concerning the need for,
desirable extent of, and probable cost of such proposed public improvement;
(3)
A public hearing by the Council on the necessity of the making of
such public improvement, with a publication of notice of such hearing
required by this section to be given in a newspaper published within
the city and by first class mail addressed to the owner of each property
concerned, according to the record of the Assessor, which publication
and mailing shall be made not less than seven days prior to the date
of the hearing: Provided, that no public hearing shall be required
when a petition for a public improvement is signed by all of the owners
of property to be assessed therefor;[1]
(4)
A resolution of the Council determining to proceed or not to proceed
with the proposed public improvement;
(5)
A public hearing by the Council on the special assessment roll for the project with notice thereof as provided in Subsection (3) hereof regardless of the number of signers of any petition;
(6)
A resolution of the Council confirming the special assessment roll
for public improvements and stating the date upon which the special
assessment thereof, or the first installment thereof, if installment
payments be allowed, shall be due and payable, the number of annual
installments, if allowed (not to exceed 10 years), in which the special
assessment may be paid, and the rate of interest to be charged upon
such deferred installment;
(7)
No additional assessment for any public improvement which exceeds
25% of the original assessment shall be made, unless such additional
assessment be reviewed at a meeting of the Council, for which meeting
notices shall be published as provided in the case of review of the
original special assessment roll;
(8)
If, under item (4) above, the determination be to proceed, require
a termination of the probable life of the improvement, a final fixing
of the special assessment district therefor, and an order to the Assessor
to prepare a special assessment roll therefor: Provided, that, if
prior to the adoption of the resolution to proceed with the making
of the public improvement, written objections thereto have been filed
by the owners of property in the district, which, according to the
City Manager's report, will be required to bear more than 50% of the
cost thereof, or by a majority of the owners of property to be assessed,
no resolution determining to proceed with the improvement shall be
adopted, except by the affirmative vote of five members of the Council;
(9)
In the event that the proceeds of a special assessment are not required
to defray the expense of any public improvement prior to the completion
thereof, the special assessment roll therefor may be made within 60
days after the improvement is completed and shall be based upon the
actual cost thereof.
The cost of condemning or otherwise acquiring property needed
for any public improvement shall constitute a part of the cost of
the improvement. Whenever one or more parcels of land will each be
required to pay 25% or more of any public improvement, and any portion
of one or more of such parcel or parcels of land is acquired by condemnation
or otherwise for the purpose thereof, that part of the cost of the
improvement represented by damages for injury to or the cost of improvements
on such property shall be assumed in full by the city, and shall not
be included in the special assessment charged to any property benefitted.
No suit or action of any kind shall be instituted or maintained
for the purpose of contesting or enjoining the collection of any special
assessment or additional special assessment, (1) unless, within 30
days after the confirmation of the special assessment roll, written
notice be filed with the Clerk of intention to file such suit or action,
stating the grounds on which it is claimed such assessment is illegal,
and (2) unless such suit or action shall be commenced within 90 days
after the confirmation of the roll.
Upon the confirmation of each special assessment roll, the special
assessments thereon shall become a debt to the city from the persons
to whom they are assessed and, until paid, shall be a lien upon the
property assessed for the amount of such assessments and all interest
and charges thereon. Such lien shall be of the same character and
effect as created by this charter for city taxes.
Moneys raised by special assessment for any public improvement
shall be credited to a special assessment account, and shall be used
to pay the special assessment portion of the cost of the improvement
for which the assessment was levied and of expenses incidental thereto,
including the repayment of the principal of and interest on money
borrowed therefor, and to refund excessive assessments, if refunds
be authorized.
The Council may provide that any person who, in the opinion
of the Assessor and Council, by reason of poverty is unable to contribute
toward the cost of the making of a public improvement, may execute
to the city an instrument creating a lien for the benefit of the city
on all or any part of the real property owned by him and benefited
by any public improvement, which lien will mature and be effective
from and after the execution of such instrument, shall be recorded
with the Register of Deeds of Branch County, and shall not be discharged
or released until the terms thereof are met in full. The Council shall
establish the procedure for making this section effective.
All real property, including such as is exempt from taxation
by law, shall be liable for the cost of public improvements benefiting
such property, unless specifically exempted from special assessments
by law.
When any lot, building, or structure within the city, because
of age or dilapidation, the accumulation of refuse or debris, the
uncontrolled growing of noxious weeds, or because of any other condition
or happening becomes, in the opinion of the Council, a public hazard
or nuisance which is dangerous to the health, safety, or welfare of
the inhabitants of the city or those residing or habitually going
near such lot, building, or structure, the Council may, after investigation,
give notice to the owner or owners of the land upon which such nuisance
exists or to the owner or occupant of the building or structure itself,
by posting notice upon the premises, by personal service, or by registered
or certified mail addressed to the address set forth in the current
assessment roll of the city or the records of the Assessor, specifying
the nature of the nuisance and requiring such owner or occupant to
alter, repair, tear down, abate, or remove the nuisance within a time
to be specified by the Council which shall be commensurate with the
nature of the nuisance. If, at the expiration of the time limit in
said notice, the owner has not complied with the requirements thereof,
or in any case where the owner of the land or of the building or structure
itself is not known or cannot be found, the Council may order such
hazard or nuisance abated by the proper department or agency of the
city which is qualified to do the work required, or may do the work
by contract or by hire, and the cost of such abatement may be assessed
against the lot, premises, or description of real property upon which
such hazard or nuisance is located, by special assessment.
