[HISTORY: Adopted by the Town Board of the Town of Trenton 11-7-1989
as Title 2, Ch. 8 of the 1989 Code. Amendments noted where applicable.]
A.
The Town of Trenton, by resolution of its Town Board,
may levy and collect special assessments upon property in a limited and determinable
area for special benefits conferred upon such property by any municipal work
or improvement and may provide for the payment of all or any part of the cost
of the work or improvement out of the proceeds of the special assessments.[1]
B.
The amount assessed against any property for any work
or improvement which does not represent an exercise of the police power shall
not exceed the value of the benefits accruing to the property therefrom, and
for those representing an exercise of the police power, the assessment shall
be upon a reasonable basis as determined by the Town Board.
A.
Prior to making any such special assessments, the Town 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 proposed assessment district, and the number of installments in which the special assessments may be paid or that the number of installments will be determined at the hearing required under § 9-5 of this chapter and direct the proper municipal officer or employee to make a report thereon. Such resolution may limit the proportion of the cost to be assessed.
B.
C.
A copy of the report when completed shall be filed with the Town
Clerk for public inspection.
The cost of any work or improvement to be paid in whole or in part by
special assessment on property may include the direct and indirect cost thereof,
the damages occasioned thereby, the interest on bonds or notes issued in anticipation
of the collection of the assessments, a reasonable charge for the services
of the administrative staff of the Town and the cost of any architectural,
engineering and legal services, and any other item of direct or indirect cost
which may reasonably be attributed to the proposed work or improvement. The
amount to be assessed against all property for any such proposed work or improvement
shall be apportioned among the individual parcels in the manner designated
by the Town Board.
A.
If any property deemed benefited shall, by reason of
any provision of law, be exempt from assessment therefor, such assessment
shall be computed and shall be paid by the Town.
B.
A parcel of land against which has been levied a special
assessment for the sanitary sewer or water main laid in one of the streets
upon which it abuts shall be entitled to such deduction or exemption as the
Town Board determines to be reasonable and just under the circumstances of
each case when a special assessment is levied for the sanitary sewer or water
main laid in the other street upon which such corner lot abuts. Under any
circumstance, the assessment will not be less than the long way of such lot.
The Town Board may allow a similar deduction or exemption from special assessments
levied for any other public improvement.
On the completion and filing of the report required in § 9-2C of this chapter, the Town Clerk shall give notice stating the nature of the proposed or approved 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 all interested persons, their agents or attorneys may appear before the Town Board or committee thereof and be heard concerning the matters contained in the preliminary resolution and report. The notice shall be published as a Class 1 notice, under Ch. 985, Wis. Stats., in the official Town newspaper and a copy of the notice shall be mailed, at least 10 days before the hearing or proceeding, to every interested person whose post office address is known or can be ascertained with reasonable diligence. The hearing shall commence not less than 10 days and not more than 40 days after the publication of said notice.
A.
After the hearing, the Town Board may approve, disapprove,
modify or re-refer the report to the designated officer or employee with such
directions as it deems necessary to change the plans and specifications so
as to accomplish a fair and equitable assessment.
B.
If an assessment is made against any property and an
award of compensation or damage is made in favor of the property, the Town
Board shall assess only the difference between such assessment of benefits
and the award of compensation or damage.
C.
If the work or improvement has not been previously authorized
or approved, the Town Board shall approve the work or improvement and, by
resolution, direct that the same be done and paid for in accordance with the
report finally approved.
D.
If the work or improvement has been approved by the Town
Board or work commenced or completed prior to the filing of the report or
prior to the hearing, then the Town Board shall, by resolution, confirm the
report as made or modified and provide for payment in whole or in part by
assessment.
F.
After the publication of the final resolution, any work
or improvement provided for and not yet authorized shall be deemed fully authorized
and all awards of compensation or damage and all assessments made shall be
deemed duly and properly made, subject to the right of appeal by § 66.0703(12),
Wis. Stats., or any other applicable provision of law.
If more than a single improvement is undertaken, the Town Board may
combine the assessments as a single assessment on each property affected,
except that the property owner may object to any one or more of said improvements.
If, after completion or after the receipt of bids, the actual cost of any work or improvement is found to vary materially from the original estimate, or the assessment is void or invalid for any reason, or if the Town Board determines to reconsider an assessment, it is empowered, after giving notice as required in § 9-5, to amend, cancel or confirm any prior assessment, and notice of this amending, canceling or confirming shall be given by the Town Clerk as provided in § 9-6 of this chapter.
If the cost of the work or improvement is less than the assessment levied,
the Town Board, without notice or hearing, shall reduce each assessment proportionately.
If the assessment has been paid either in part or in full, the Town shall
refund the property owner such overpayment.
Pursuant to § 66.0703(12)(f), Wis. Stats., it shall be a condition
to the maintenance of any appeal that any assessment appealed shall be paid
when due and payable, and upon default in payment any such appeal shall be
dismissed.
Pursuant to § 66.0703(13), Wis. Stats., any special assessment
levied under this chapter shall be a lien on the property against which it
is levied on behalf of the Town. The Town Board shall provide for the collection
of such assessments and may establish penalties for payment after the due
date. The Town Board shall provide that all assessments not paid by the date
specified shall be extended upon the tax roll as a delinquent tax against
the property, and all proceedings in relation to the collection of such delinquent
taxes shall apply to such assessment, except as otherwise provided by statute.
A.
In addition to all other methods provided by law, special
charges for current services may be imposed by the Town Board by allocating
all or part of the cost of the service to the property served. Such service
may include snow and ice removal, weed elimination, street sprinkling, oiling
or tarring, repair of sidewalks or curb and gutter, garbage and refuse disposal,
recycling, stormwater management, sewer service, tree care or removal, removal
and disposition of dead animals and soil conservation work. The Town Board
may determine the manner of providing notice of a special charge. Before a
special charge for street tarring or the repair of sidewalks, curbs or gutters
may be imposed, the Town Board shall conduct a hearing on whether the service
in question will be funded in whole or in part by a special charge. Notice
of the hearing shall be given as provided in § 66.0627(3)(b), Wis.
Stats.[1]
A.
If any assessment or charge levied under this chapter
is invalid because such statutes are found to be unconstitutional, the Town
Board may thereafter reassess such assessment or charge pursuant to the provisions
of any applicable law.
B.
The Town Board may, without notice or hearing, levy and
assess all or any part of the cost of any work or improvement upon the property
benefited if notice and hearing are waived in writing by property owners affected.
C.
Notwithstanding any other provision of law or this chapter
or other ordinance or resolution, it is specifically intended and provided
by this chapter that the Town may levy special assessments for work or improvement
against the property benefited either before or after the approval of the
work plans and specifications, contracting for the work or completing the
work or improvement.
