[HISTORY: Adopted by the Council of the City
of Breckenridge 2-20-1973 by Ord. No. 278. Amendments noted where
applicable.]
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.
