[HISTORY: Adopted by the Village Council of the Village of
Spring Lake as Ch. 66 of the 2000 Code of Ordinances. Amendments noted
where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
When referring to the cost of any local public improvement,
means the cost of services, plans, specifications, estimates, condemnation,
spreading of rolls, notices, advertising, financing, acquisition of
land or other property, construction, legal fees, interest on special
assessment bonds not to exceed one year and all other costs incident
to the making of such improvement, the special assessments for and
the financing of such improvement.
Any public improvement or repair which is of such a nature
as to benefit especially any real property or properties within a
district in the vicinity of such improvement or repair.
The whole cost or any part of the cost of any local public improvement
may be defrayed by special assessment upon the real property specifically
benefited by the improvement in the manner provided in this chapter.
A.
Local public improvements may be initiated by petition signed as
follows:
(1)
In the case of street and road improvements, by the record owners
of lands whose frontage constitutes at least 65% of the total frontage
upon the street or road improvement; and
(2)
In the case of all other local public improvements, by the record
owners of lands whose land area constitutes at least 51% of the total
land area in the special assessment district, as finally thereafter
established.
B.
In all cases, the record owners shall be determined based on the
last preceding general tax records of the Village. Land contract purchasers
shall be considered as record owners if they have registered with
the Assessor to receive property tax bills. Lands not subject to assessment
and lands within public streets and alleys shall not be included in
computing frontage or assessment district area. Any filed petition
may be supplemented as to signatures by the filing of an additional
signed copy. Such petition shall contain a brief description of the
property owned by the respective signatories; and if it shall appear
that the petition is signed by the requisite percentage, the Clerk/Treasurer
shall certify the petition to the Council. The petition shall be addressed
to the Council and filed with the Clerk/Treasurer and shall in no
event be considered directory but is advisory only.
Proceedings for the making of a local public improvement within
the Village may also be commenced by resolution of the Council without
a petition in those circumstances where the Council determines as
part of its initiating resolution that the local public improvement
concerns water distribution facilities or sanitary or storm sewer
collection facilities which are necessary for the public health or
that the local public improvement concerns street, sidewalk or alley
improvements that are necessary for public safety. The determination
of the Council as to necessity pursuant to this section shall be final
and conclusive on all parties.
Before the Council shall consider the making of any local public
improvement, the Council shall cause to be prepared a report which
shall include, as the Council shall deem necessary, such plans and
specifications as are necessary to generally describe the improvement
and its location and prepare detailed estimates of cost, an estimate
of the useful life of the improvement, a description of the assessment
district, and such other pertinent information as will permit the
Council to decide the cost, extent and necessity of the improvement
proposed and what part or proportion should be paid by special assessments
upon the property especially benefited and what part, if any, should
be paid by the Village at large. The Council shall not finally determine
to proceed with the making of any local public improvement until such
report has been filed nor until after a public hearing has been held
by the Council for the purpose of hearing objections to the making
of the improvement.
A.
After receiving the report required in § 307-5 for making any local public improvement, and after the Council has reviewed the report, a resolution may be passed tentatively:
(1)
Determining the necessity of the improvement and setting forth its
nature;
(2)
Prescribing what part or proportion of the cost of the improvement
shall be paid by special assessment upon the property especially benefited;
(3)
Determining the benefits received by affected properties, and what
part, if any, shall be paid by the Village at large;
(4)
Designating and establishing the special assessment district; and
(5)
Designating whether the cost shall be assessed according to frontage
or other benefits.
B.
Such resolution shall also direct the placing of complete information
concerning the improvement on file in the office of the Clerk/Treasurer,
where it may be found for examination, and shall also direct the Clerk/Treasurer
to give notice of a public hearing on the proposed improvement, at
which time and place, interested persons will be given the opportunity
to be heard. Such notice shall be given publication in a newspaper
published or circulated within the Village and by first-class mail
addressed to each owner of or person in interest in property to be
assessed as shown by the last general tax assessment roll of the Village.
The publication of notice shall be made at least 10 full days prior
to the hearing, and the mailing of notice shall be made at least 10
full days prior to the date of the hearing. The notice shall state
that the report concerning the improvement is on file with the Clerk/Treasurer
and shall also contain a description of the special assessment district.
Proof of publication and an affidavit of mailing shall be filed with
the Clerk/Treasurer prior to the hearing. The hearing required by
this section may be held at any regular, adjourned or special meeting
of the Council.
At the public hearing on the proposed local public improvement, or any adjournment of the meeting, which may be without further notice, all persons interested shall be given an opportunity to be heard, after which the Council may modify the scope of the local public improvement in such a manner as it shall deem to be in the best interest of the Village as a whole; provided that if the scope of the improvement is increased or additions are made to the district, then another hearing shall be held pursuant to notice prescribed in § 307-6. If the determination of the Council shall be to proceed with the improvement, a resolution shall be passed approving the necessary plans and specifications, assessment district and detailed estimates of cost, and directing the Clerk/Treasurer to prepare a special assessment roll in accordance with the Council's determination and report the roll to the Council for confirmation.
The Council shall specify the provisions and procedures for
financing a local public improvement. No contract or expenditure,
except for the cost of preparing necessary plans and specifications
and estimates of cost and for legal fees and hearing expenses, shall
be made for the improvement, nor shall any improvement be commenced,
until the special assessment roll to defray the costs of the improvement
shall have been made and confirmed.
The Clerk/Treasurer shall make a special assessment roll of
all lots and parcels of land within the special assessment district
benefited by the proposed improvement and assess to each lot or parcel
of land the proportionate amount benefited. The amount spread in each
case shall be based upon the detailed estimate of cost as approved
by the Council.
When the Clerk/Treasurer shall have completed such assessment
roll, the roll shall be presented to the Council for Council review
and certification.
Upon receipt of the special assessment roll, the Council, by
resolution, shall accept the assessment roll and order it to be filed
in the office of the Clerk/Treasurer for public examination; shall
fix the time and place the Council will meet to review such special
assessment roll; and shall direct the Clerk/Treasurer to give notice
of a public hearing for the purpose of affording an opportunity for
interested persons to be heard. The notice shall be given by publication
once, at least 10 full days prior to the date of the hearing, in a
newspaper published or circulated within the Village and by first-class mail addressed to each owner
of or person in interest in property to be assessed as shown by the
last general tax assessment roll of the Village, mailed at least 10
full days prior to the date of the hearing. The hearing required by
this section may be held at any regular, adjourned or special meeting
of the Council. The hearing may be adjourned without further notice.
Proof of publication and an affidavit of mailing shall be filed with
the Clerk/Treasurer prior to the hearing. At this meeting, all interested
persons shall present in writing their objections, if any, to the
assessments against them. The Clerk/Treasurer shall be present at
every meeting of the Council at which a special assessment is to be
reviewed.
The Council shall meet at the time and place designated for the review of such special assessment roll and at such meeting, or a proper adjournment of the meeting, shall consider all objections submitted in writing. The Council may correct the roll as to any special assessment or description of any lot or parcel of land or other errors appearing in the roll; or it may, by resolution, annul the assessment roll and direct that a new roll be prepared. The same proceedings shall be followed in making a new roll as in the making of the original roll. If, after hearing all objections and making a record of such changes as the Council deems justified, the Council determines that it is satisfied with the special assessment roll and that assessments are in proportion to benefits received, it shall thereupon pass a resolution reciting such determinations, confirming such roll, placing it on file in the office of the Clerk/Treasurer and directing the Clerk/Treasurer to attach the warrant of the Clerk/Treasurer to a certified copy of the roll within 10 days, commanding the Assessor to spread and the Clerk/Treasurer to collect the various sums and amounts appearing on the roll as directed by the Council. The roll shall have the date of confirmation endorsed on the roll and shall from that date be final and conclusive for the purpose of the improvement to which it applies unless contested in the manner provided by state law and subject to adjustment to conform to the actual cost of the improvement, as provided in § 307-17.
All special assessments, except such installments as the Council
shall make payable at a future time as provided in this chapter, shall
be due and payable upon the date specified in the Council resolution
confirming the special assessment roll.
A.
The Council may provide for the payment of special assessments in
annual installments. Such annual installments shall not exceed 30
in number, the first installment being due upon confirmation of the
roll or on such date thereafter as the Council may determine and deferred
installments being due annually thereafter, or in the discretion of
the Council, may be spread upon and made a part of each annual Village
tax roll in each calendar year thereafter until all are paid. Annual
installments need not be equal in amount. Interest shall be charged
on all deferred installments at a rate not to exceed the maximum rate
then permitted by law for special assessment bonds sold by the Village,
from such date as shall be fixed by the Council, and shall be payable
on the due date of each subsequent installment. The full amount of
all or any deferred installments, with interest accrued to the last
day of the month of payment, may be paid in advance of the due dates.
B.
If a special assessment or installment is not paid when due, it shall
be deemed to be delinquent and there shall be collected a penalty
of 1% of the amount of the delinquent assessment payment, the assessment
itself and all accrued interest to the payment date, for each month,
or fraction of a month, that the assessment remains unpaid before
being reported to the Council for reassessment upon the Village tax
roll. After the Council has confirmed the roll, the Clerk/Treasurer
shall notify by mail each property owner on the roll that the roll
has been filed, stating the amount assessed and the terms of payment.
Failure on the part of the Clerk/Treasurer to give the notice or of
such owner to receive the notice shall not invalidate any special
assessment roll of the Village or any assessment on the roll, nor
excuse the payment of any assessment or the interest or penalties.
Any assessment, or part of an assessment, remaining unpaid on
the first Monday of March following the date upon which it became
delinquent shall be reported as unpaid by the Clerk/Treasurer to the
Council. Any such delinquent assessment, together with all accrued
interest and penalties, shall be transferred and reassessed on the
next annual Village tax roll in a column headed "special assessments"
with a penalty of 4% upon such total amount of the assessment and
the interest and penalties added, and when so transferred and reassessed
upon the tax roll shall be collected in all respects as provided for
the collection of Village taxes.
Special assessments and all interest, penalties and charges
on such assessments from the date of confirmation of the roll shall
become a debt to the Village from the persons to whom they are assessed
and, until paid, shall be and remain a lien upon the property assessed,
of the same character and effect as the lien created by general law
for state, county and Village taxes; and the lands upon which such
assessments are a lien shall be subject to sale the same as are lands
upon which delinquent Village taxes constitute a lien.
The Clerk/Treasurer shall, within 60 days after the completion
of each local or special public improvement, compile the actual cost
and adjust the special assessment roll to correspond with such cost.
Should the assessment prove larger than necessary by less than 5%
of the amount of the roll, this shall be reported to the Council,
which may place the excess in the Village treasury or make a refund
pro rata according to the assessment, such refund to be in cash or
by the cancellation of all or part of one or more future due installments.
If the assessment exceeds the amount necessary by 5% or more, the
entire excess shall be refunded pro rata according to the assessment,
such refund to be in cash or by the cancellation of all or part of
one or more future due installments. No refunds of special assessments
or cancellation of future due installments may be made which impair
or contravene the provision of any outstanding obligation or bond
secured in whole or part by such special assessments. When any special
assessment roll shall prove insufficient to meet the cost of the improvement
for which it was made, the Council may make an additional pro rata
assessment; but the total amount assessed against any one parcel of
land shall not exceed the benefits received by the lot or parcel of
land.
In any case where the provisions of this chapter may prove to
be insufficient to carry out fully the making of any special assessment,
the Council shall provide by ordinance any additional steps or procedures
required.
If bonds are issued in anticipation of the collection of special
assessments, all collections on each special assessment roll or combination
of rolls shall be set in a separate fund for the payment of the principal
and interest on the bonds so issued in anticipation of the payment
of such special assessments, and shall be used for no other purpose.
Moneys raised by special assessment to pay the cost of any local
improvements shall be held in a special fund to pay such cost or to
repay any money borrowed for such improvements. Each special assessment
account must be used only for the improvement project for which the
assessment was levied, incidental expenses, including the repayment
of the principal and interest on money borrowed, and to refund excessive
assessments if refunds are authorized.
An action may not be instituted for the purpose of contesting
or enjoining the collection of a special assessment unless:
A.
Within 45 days after the confirmation of the special assessment roll,
written notice is given to the Council indicating an intention to
file such an action and stating the grounds on which it is claimed
that the assessment is illegal; and
B.
The action is commenced within 90 days after the confirmation of
the roll.
Whenever the Council shall deem any special assessment invalid
or defective for any reason whatsoever, or if any court of competent
jurisdiction shall have adjudged such assessment to be illegal for
any reason whatsoever, in whole or in part, the Council shall have
power to cause a new assessment to be made for the same purpose for
which the former assessment was made, whether the improvement or any
part has been completed and whether any part of the assessment has
been collected or not. All proceedings on such reassessment and for
its collection shall be made in the manner as provided for the original
assessment. If any portion of the original assessment shall have been
collected and not refunded, it shall be applied upon the reassessment;
and the reassessment shall to that extent be deemed satisfied. If
more than the amount reassessed shall have been collected, the balance
shall be refunded to the person making such payment.
The Council may combine several districts into one project for
the purpose of effecting a saving in the costs. There shall be established
for each district separate funds and accounts to cover the cost.
Should any lots or lands be divided after a special assessment
has been confirmed and divided into installments, the Assessor shall
apportion the uncollected amounts upon the several lots and lands
so divided and shall enter the several amounts as amendments upon
the special assessment roll. The Clerk/Treasurer shall, within 10
days after such apportionment, send notice of such action to the persons
concerned at their last known address by first-class mail. Such apportionment
shall be final and conclusive on all parties unless a protest in writing
is received by the Clerk/Treasurer within 20 days of the mailing of
the notice, in which event the Council shall grant all interested
parties a hearing and affirm or modify such apportionment as it shall
determine.
The Council may provide for the deferred payment of special
assessments from persons who, in the opinion of the Council and Assessor,
by reason of poverty are unable to contribute toward the cost. In
all such cases, as a condition to the granting of such deferred payments,
the Village shall require mortgage security on the real property of
the beneficiary payable on or before his death, or in any event, on
the sale or transfer of the property.
When any lot, building or structure within the Village, because
of the accumulation of refuse or debris, the uncontrolled growing
of weeds, or age or dilapidation, 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 or safety of the inhabitants
of the Village or those of them residing or habitually going near
such lot, building or structure, the Council may, after investigation,
give notice to the owner of the land upon which such hazard or nuisance
exists, or the owner of the building or structure itself, specifying
the nature of the hazard or nuisance, and requiring such owner to
alter, repair, tear down or remove the building or structure promptly
and within a time to be specified by the Council, which shall be commensurate
with the nature of the hazard or nuisance. If at the expiration of
the time limit in the notice the owner has not complied with its requirements,
or in any case where the owner of the land or of the building or structure
itself is not known, the Council may order such a hazard or nuisance
abated by the proper department or agency of the Village which is
qualified to do the work required; and the costs of such abatement
shall be assessed against the lot, premises or description of real
property upon which the hazard or nuisance was located.
