City of Breckenridge, MN
Wilkin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Breckenridge 2-20-1973 by Ord. No. 278. Amendments noted where applicable.]
GENERAL REFERENCES
Public Utilties Commission — See Ch. 3, § 3-19, and Ch. 147.
All charges made by the Public Utilities Commission which, under the provisions of the City Charter, constitute a lien upon real property and are delinquent and all other charges and penalties levied by any department of the City which may, under the law or ordinance, constitute a charge, lien or assessment against real property may be certified to the County Auditor for collection in the same manner as taxes on real estate.
The certification of charges, liens or assessments to the County Auditor for collection in the same manner as real estate taxes shall not prevent the City, or any department thereof, from simultaneously invoking other sanctions or pursuing other remedies for collection of such unpaid charges, liens or assessments.
No change in ownership of real property shall constitute a defense to any proceeding or action brought by the City or any department thereof in connection with any unpaid charge, lien or assessment.
A. 
Any department, officer or employee of the City may institute proceedings for the certification of an unpaid charge, lien or assessment by filing all appropriate information with the City Administrator or his/her designee and requesting him or her to institute such proceedings.
[Amended 5-7-2018 by Ord. No. 499]
B. 
The City Administrator or his/her designee may accumulate such requests and, if it is convenient to do so, process all of them in one proceeding, even though they pertain to several different matters. At the first meeting in July of each year, or some other convenient date, the City Administrator or his/her designee shall prepare and present to the Council for its consideration, proposed assessment roll and such charges. The proposed assessment roll shall contain the name of the owner of the property (such name appears on the records of the County Auditor of Wilkin County, Minnesota), a description of the property against which the assessment is proposed to be levied, the amount of the proposed assessment and the reason for the proposed assessment.
[Amended 5-7-2018 by Ord. No. 499]
C. 
Upon being presented with the proposed assessment roll, the City Council may, by resolution, direct the City Administrator or his/her designee to give notice that the Council will meet to consider the proposed certification of such charge, lien or assessment to the County Auditor for collection in the same manner as taxes on real estate.
[Amended 5-7-2018 by Ord. No. 499]
D. 
Such notice shall state the date, time and place of the meeting, the general nature of the charge, lien or assessment proposed to be certified, describe the property against which the charge, lien or assessment is proposed to be certified and state that anyone may appear and present written or oral objections to the proposed assessment which will be considered by the Council.
E. 
The notice shall be published once in the official newspaper of the City at least two weeks before the meeting, and mailed notice shall be sent by the City Administrator or his/her designee at least two weeks prior to such meeting to all persons who appear to be owners of such lands on the records of the County Auditor and whose addresses can be determined by the exercise of reasonable diligence by inspecting the records of the County Treasurer and the County Auditor or other sources. The failure of any person to receive such mailed notice shall not affect the legality of the proceedings.
[Amended 5-7-2018 by Ord. No. 499]
F. 
At such meeting or any adjournment thereof, the Council shall pass upon all objections to such charge, lien or assessment, and if it finds that such charge, lien or assessment is proper, it shall approve the proposed assessment roll and direct the City Administrator or his/her designee to certify such charges, liens or assessments to the County Auditor to collect the same with real estate taxes in the same manner as other special assessments are certified and collected.
[Amended 5-7-2018 by Ord. No. 499]
G. 
Within 20 days after the adoption of the resolution approving the assessment roll, any person aggrieved may appeal to the District Court by serving notice upon the mayor or Clerk of the municipality. The notice shall be filed with the clerk of the District Court within 10 days after its service. The Municipal Clerk shall furnish the appellant a certified copy of any objection filed in the proceedings and all papers necessary to present the appeal. The appeal shall be placed on the calendar of the next general term commencing more than five days after the date of serving the notice and shall be tried as appeals in other cases. If the appellant does not prevail upon the appeal, the costs incurred shall be taxed by the court and judgment entered therefor. All objections to the certification of such charge, lien or assessment shall be deemed waived unless presented on such appeal.
If any law, charter or ordinance provides for different procedures in assessing charges, liens or assessments, such procedures may be followed in lieu of the provisions of this chapter, but the provisions may be followed in lieu of the provisions of any other ordinance, law or charter in connection with the certification of such unpaid charges, liens or assessments.
Notwithstanding any provisions contained in this chapter to the contrary, the owner or owners of real property may consent to a different procedure for assessment of the cost of any improvement or any part thereof, or any other charge, cost or penalty and may waive notice, hearing and any other procedure or requirement contained in this chapter or any other law or ordinance.