[HISTORY: Adopted by the Village Board of the Village of Cottage
Grove 7-17-2000. Amendments noted where applicable.]
A.
Purpose. The purpose of this section is to provide that
the cost of installing or constructing any public work or improvement may
be charged in whole or in part to the property benefited thereby, and to make
an assessment against such property in such manner as the Village Board determines.
All such levies shall be grounded in the exercise of the police powers of
the Village.
B.
Special assessment procedures. Pursuant to s. 66.62 of
the Wisconsin Statutes, the Village adopts and makes part of this section
by reference and incorporates the procedures for levying special assessments
as contained in s. 66.60 of the Wisconsin Statutes.
(1)
Prior to the exercise of any powers conferred by this
section, the Village Board shall declare by preliminary resolution its intention
to exercise such powers for a stated municipal purpose. Such resolution shall
describe generally the contemplated purpose, the limits of the assessment
district, the number of installments in which to pay the special assessment
or that the number of installments will be determined at the public hearing
and direct the proper Village staff to make a report thereon.
(2)
The report shall consist of:
(a)
Preliminary or final plans and specifications;
(b)
Estimate of the entire cost of the proposed work or improvement;
(c)
A statement that the property against which the assessments
are proposed is benefited, where the work or improvement constitutes an exercise
of the police power and provide a schedule of the proposed assessments.
(3)
Upon completion and filing of the report with the Village
Clerk, the Clerk shall publish as a Class 1 notice a notice stating the nature
of the proposed work or improvement, the general boundary lines of the proposed
assessment district, the place and time at which the report may be inspected,
and the place and time at which a public hearing will be held allowing all
to be heard concerning the matters contained in the preliminary resolution
and the report. A copy of this notice will be mailed to each interested party
at least 10 days before the hearing. The hearing shall commence not less than
10 and not more than 40 days after such publication.
(4)
After the public hearing and the Village Board finally
determines to proceed with the work or improvement, it shall approve the plans
and specifications, have the report amended, if changes were made, and adopt
a final resolution directing that such work or improvement be carried out
in accordance with the report as finally approved. The Village Clerk shall
publish the final resolution as a Class 1 notice, under Ch. 985, in the assessment
district and a copy of such resolution shall be mailed to every interested
person.
(5)
Any special assessment levied under this section shall
be a lien against the property assessed from the date of the final resolution
by the Village Board determining the amount of the levy.
(6)
Any person against whose property a special assessment
is levied under this section may appeal therefrom in the manner prescribed
by Wis. Stats. s. 66.60(12) within 90 days of the date of the final determination
by the Village.
[Amended 3-19-2001 by Ord. No. 01-2001]
The purpose of this section is to provide for any work or improvement,
which does not represent an exercise of the police power, to be assessed against
the benefiting property. The assessment shall be upon a reasonable basis and
shall not exceed the value of the benefits accruing to the property.
