Demo 4

Code of Ordinance

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: Cost, when referring to the cost of any local public improvement, shall include the cost of services, plans, condemnation, spreading of rolls, notices, advertising, financing, construction, legal fees, interest on special assessment bonds, for not to exceed one year, and all other costs incident to the making of such improvement, the special assessments therefor and the financing thereof. Local public improvement means any public improvement which is of such nature as to benefit especially any real property or properties within a district in the vicinity of such improvement. (Comp. Ords. 1987, § 12.401) Cross reference— Definitions generally, § 1-2.

The whole cost or any part thereof of any local public improvement may be defrayed by special assessment upon the lands specially benefited by the improvement in the manner provided in this chapter. (Comp. Ords. 1987, § 12.402)

Proceedings for the making of local public improvements within the village, the tentative necessity thereof, and the determination that the whole or any part of the expense thereof shall be defrayed by special assessment upon the property especially benefited, provided that all special assessments levied shall be in proportion to the benefits derived from the improvements, may be commenced by resolution of the council, with or without a petition. (Comp. Ords. 1987, § 12.403)

Local public improvements may be initiated by petition signed by property owners whose aggregate property in the proposed district was assessed for not less than 51 percent of the total assessed value of the privately owned real property located therein, as shown by the last preceding general tax records of the village. Such petition shall contain a brief description of the property owned by the respective signatories thereof, and if it shall appear that the petition is signed by at least 51 percent as provided in this section, the clerk shall certify the petition to the council. The petition shall be addressed to the council and filed with the clerk, and shall in no event be considered directory, but is advisory only. (Comp. Ords. 1987, § 12.404)

Before the council shall consider the making of any local improvement, the council shall cause to be prepared a report, which shall include necessary plans, profiles, specifications and detailed estimates of cost, an estimate of the 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 thereof 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, or until after a public hearing has been held by the council for the purpose of hearing objections to the making of such improvement. (Comp. Ords. 1987, § 12.405)

improvement. After receiving the report required in section 58-5 for making any local public improvement as requested in the resolution of the council, and after the council has reviewed the report, a resolution may be passed tentatively determining the necessity of the improvement, setting forth the nature thereof, prescribing what part or proportion of the cost of such improvement shall be paid by special assessment upon the property especially benefited and a determination of the benefits received by affected properties, and what part, if any, shall be paid by the village at large, designating the limits of the special assessment district to be affected, and designating whether to be assessed according to frontage or other benefits, placing the complete information on file in the office of the village clerk, where the information may be found for examination, and directing the village clerk to give notice of public hearing on the proposed improvement, at which time and place opportunity will be given interested persons to be heard. Such notice shall be given by one publication in a newspaper published or circulated within the village and by mail in accordance with section 58-13. The publication of notice shall be made at least seven full days prior to the hearing, and the mailing of notice shall be made at least ten 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. (Comp. Ords. 1987, § 12.406)

At the public hearing on the proposed improvement, 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 amount of work is increased or additions are made to the district, then another hearing shall be held pursuant to notice as prescribed in section 58-6. If, by a concurring vote of two-thirds of the members, the determination of the council shall be to proceed with the improvement, a resolution shall be passed approving the necessary profiles, plans, specifications, assessment district and detailed estimates of cost, and directing the treasurer to prepare a special assessment roll in accordance with the council's determination and report the roll to the council for confirmation. (Comp. Ords. 1987, § 12.407)

No deviation from original plans or specifications as adopted shall be permitted by any officer or employee of the village without authority of the council by resolution. A copy of the resolution authorizing such changes or deviation shall be certified by the village clerk and attached to the original plans and specifications on file in his office. (Comp. Ords. 1987, § 12.408)

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 profiles, plans, specifications and estimates of cost, 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. (Comp. Ords. 1987, § 12.409)

The treasurer shall make a special assessment roll of all lots and parcels of land within the designated district benefited by the proposed improvement and assess to each lot or parcel of land the proportionate amount benefited thereby. The amount spread in each case shall be based upon the detailed estimate of cost as approved by the council. (Comp. Ords. 1987, § 12.410)

When the treasurer shall have completed the special assessment roll, he shall file the roll with the village clerk for presentation to the council for review and certification by it. (Comp. Ords. 1987, § 12.411)

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 village clerk for public examination, shall fix the time and place the council will meet to review such special assessment roll, and shall direct the village clerk 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 seven full days prior to the date of the hearing in a newspaper published or circulated within the village, and by mail in accordance with section 58-13. The hearing required by this section may be held at any regular, adjourned or special meeting of the council. At this meeting, all interested persons or parties shall present in writing their objections, if any, to the assessments against them. The treasurer shall be present at every meeting of the council at which a special assessment is to be reviewed. (Comp. Ords. 1987, § 12.412)

1. (a) Mailing of notice generally; appearance and protest required in order to appeal.
   1. (1) For each special assessment made against property, notice of all hearings in the special assessment proceedings shall be given as provided in this section in addition to any notice of hearings to be given by publication or posting as required by statute, or ordinance. The provisions of this section in respect to service of notice by mail shall supersede any existing statutory, or ordinance requirements for mailing notice. Notice of hearings in special assessment proceedings shall be given to each owner of or party in interest in property to be assessed whose name appears upon the last local tax assessment records by mailing by first class mail addressed to that owner or party at the address shown on the tax records at least ten days before the date of the hearing. For purposes of this section, the last local tax assessment records means the last assessment roll for ad valorem tax purposes that has been reviewed by the local board of review, as supplemented by any subsequent changes in the names or the addresses of the owners or parties listed on that roll.
   2. (2) The notice of hearing shall include a statement that appearance and protest at the hearing in the special assessment proceedings is required in order to appeal the amount of the special assessment to the state tax tribunal and shall describe the manner in which an appearance and protest shall be made.
   3. (3) An owner or party in interest, or his agent, may appear in person at the hearing to protest the special assessment, or shall be permitted to file his appearance or protest by letter and his personal appearance shall not be required.
   4. (4) The council shall maintain a record of parties who appear to protest at the hearing. If a hearing is terminated or adjourned for the day before a party is provided the opportunity to be heard, a party whose appearance was recorded is considered to have protested the special assessment in person.
2. (b) Record of names and addresses of owners and parties in interest. Where any person claims an interest in real property whose name and correct address do not appear upon the last local tax assessment records, he shall be obligated to file immediately his name and address with the local tax assessing officer. This requirement shall be deemed effective only for the purpose of establishing a record of the names and addresses of those persons entitled to notice of hearings in special assessment proceedings. It shall be the duty of each tax assessing officer to immediately enter on the local tax assessment records any changes in the names and addresses of owners or parties in interest filed with him and at all times to keep such tax assessment records current and complete and available for public inspection.
3. (c) Reliance on tax assessment records for purpose of mailing notice. Any officer whose duty it is to give notice of hearings in special assessment proceedings may rely upon the last local tax assessment records in giving notice of hearing by mail.
4. (d) Failure to give notice. Any failure to give notice as required in subsection (a) of this section shall not invalidate an entire assessment roll, but only the assessment on property affected by the lack of notice. A special assessment shall not be declared invalid as to any property if the owner or the party in interest thereof has actually received notice, has waived notice, or has paid any part of the assessment. If any assessment is declared void by court order or judgment, a reassessment against the property may be made.
5. (e) Statement of right to file written appeal. If a special assessment is made against property, the notice of the special assessment sent to the property owner or person responsible for payment of the ad valorem property taxes under the general property tax act, Public Act No. 206 of 1893 (MCL 211.1— 211.157, MSA 7.1—7.214), shall include, in addition to any other requirements by statute, a statement that the owner or any person having an interest in the real property may file a written appeal of the special assessment with the state tax tribunal within 30 days after the confirmation of the special assessment roll if that special assessment was protested at the hearing held for the purpose of confirming the roll. State Law reference— Similar provisions, MCL 211.741 et seq., MSA 5.3534(1) et seq.

The council shall meet at the time and place designated for the review of the special assessment roll, and at such meeting, or a proper adjournment thereof, shall consider all objections thereto 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 therein, or it may, by resolution, annul the assessment roll and direct that new proceedings be instituted. 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 village clerk and directing the village clerk to attach his warrant to a certified copy thereof within ten days, therein commanding the treasurer to spread and the treasurer to collect the various sums and amounts appearing thereon as directed by the council. The roll shall have the date of confirmation endorsed thereon 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 in section 58-13, and subject to adjustment to conform to the actual cost of the improvement, as provided in section 58-20. (Comp. Ords. 1987, § 12.413)

If at, or prior to, the final confirmation of any special assessments, the owners of privately owned real property to be assessed for more than 50 percent of the cost of an improvement, or in the case of paving or similar improvements the owners of more than 50 percent of the frontage to be assessed for any such improvements, shall object in writing to the proposed improvement, the improvement shall not be made by proceedings delineated by this chapter without a two-thirds vote of the members-elect of the council, provided that this section shall not apply to sidewalk construction. (Comp. Ords. 1987, § 12.414)

All special assessments, except such installments thereof as the council shall make payable at a future time as provided in this chapter, shall be due and payable upon confirmation of the special assessment roll. (Comp. Ords. 1987, § 12.415)

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 as the council may determine and deferred installments being due annually thereafter, or, in the discretion of the council, the installments may be spread upon and made a part of each annual village tax roll thereafter until all are paid. Interest shall be charged on all deferred installments at a rate not to exceed seven percent per annum, or such other rate as may be established by the council in accordance with state statute, commencing on the due date of the first installment, or 60 days after the date of confirmation if the first installment is not due upon confirmation, and payable on the due date of each subsequent installment. The full amount of all or any deferred installments, with interest accrued thereon to the date of payment, may be paid in advance of the due dates thereof. If the full assessment or the first installment thereof shall be due upon confirmation, each property owner shall have 60 days from the date of confirmation to pay the full amount of the assessment, or the full amount of any installments thereof, without interest or penalty. Following such 60-day period, the assessment or first installment thereof shall, if unpaid, be considered as delinquent, and the same penalties shall be collected on such unpaid assessments or first installment thereof as are provided by law to be collected on delinquent general village taxes. Deferred installments shall be collected without penalty until 60 days after the due date thereof, after which time such installments shall be considered as delinquent, and such penalties on the installments shall be collected as are provided by law to be collected on delinquent general village taxes. After the council has confirmed the roll, the village 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 village treasurer to give such notice or of such owner to receive the notice shall not invalidate any special assessment roll of the village or any assessment thereon, or excuse the payment of interest or penalties. (Comp. Ords. 1987, § 12.416)

Any assessment, or part thereof, remaining unpaid on the first Monday of March following the date when the assessment or part thereof became delinquent shall be reported as unpaid by the treasurer to the council. Any such delinquent assessment, together with all accrued interest, shall be transferred and reassessed on the next annual village tax roll in a column headed "Special Assessments" with a penalty of four percent upon such total amount added thereto, and when so transferred and reassessed upon the tax roll shall be collected in all respects as provided for the collection of village taxes. (Comp. Ords. 1987, § 12.417)

Special assessments and all interest, penalties and charges thereon 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 the assessment, interest, penalties and charges are a lien shall be subject to sale therefor the same as are lands upon which delinquent village taxes constitute a lien. (Comp. Ords. 1987, § 12.418)

The village clerk shall, within 60 days after the completion of each local or special public improvement, compile the actual cost thereof and certify the cost to the treasurer, who shall adjust the special assessment roll to correspond therewith. Should the assessment prove larger than necessary by less than five percent, this shall be reported to the council, which may place the excess in the village treasury or make a refund thereof pro rata according to the assessment. If the assessment exceeds the amount necessary by five percent or more, the entire excess shall be credited to owners of property as shown by the village assessment roll upon which such assessment has been levied, pro rata according to the assessment. No refunds of special assessments may be made which impair or contravene the provisions of any outstanding obligation or bond secured in whole or part by such special assessments. In case of assessments due in installments, the council may order the refund given by credit against the installments last coming due. 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. (Comp. Ords. 1987, § 12.419)

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. (Comp. Ords. 1987, § 12.420)

If bonds are issued in anticipation of the collection of special assessments as provided in this chapter, 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. (Comp. Ords. 1987, § 12.421)

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 therefor. Each special assessment account must be used only for the improvement project for which the assessment was levied, for expenses incidental thereto, including the repayment of the principal and interest on money borrowed therefor, and to refund excessive assessments if refunds are authorized. (Comp. Ords. 1987, § 12.422)

1. (a) An action may not be instituted for the purpose of contesting or enjoining the collection of a special assessment unless:
   1. (1) 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
   2. (2) The action is commenced within 90 days after the confirmation of the roll.
2. (b) If a portion of an assessment roll is determined to be illegal, in whole or in part, the council may revoke its confirmation, correct the illegality, if possible, or reconfirm it. Property which is not involved in the illegality may not be assessed more than was imposed upon the original confirmation without further notice and hearing thereon. (Comp. Ords. 1987, § 12.423)

Whenever the council shall deem any special assessment invalid or defective for any reason whatever, or if any court of competent jurisdiction shall have adjudged such assessment to be illegal for any reason whatever, 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 thereof has been completed and whether any part of the assessment has been collected or not. All proceedings on such reassessment and for the collection thereof 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. (Comp. Ords. 1987, § 12.424)

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 of the project. (Comp. Ords. 1987, § 12.425)

Should any lots or lands be divided after a special assessment thereon has been confirmed and divided into installments, the treasurer 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 village treasurer shall, within ten days after such apportionment, send notice of such action to the persons concerned at their last known address by certified mail. Such apportionment shall be final and conclusive on all parties unless protest in writing is received by the village treasurer within 20 days of the mailing of the notice. (Comp. Ords. 1987, § 12.426)

The council may provide for the deferred payment of special assessments from persons who, in the opinion of the council and treasurer, by reason of poverty are unable to contribute toward the cost thereof. 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. (Comp. Ords. 1987, § 12.427)

If the council shall fail to make any public improvement petitioned for under the provisions of section 58-4 during the calendar year during which any petition is filed, such petition shall be reconsidered by the council prior to March 1 of the succeeding calendar year for the purpose of determining whether such improvement should be made during such calendar year. (Comp. Ords. 1987, § 12.428)

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 hazard or nuisance 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 the requirements thereof, 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 assessed against the lot, premises or description of real property upon which the hazard or nuisance was located. (Comp. Ords. 1987, § 12.429)

All special assessment proceedings commenced prior to the effective date of the ordinance codified in this chapter and conducted in conformity with the provisions of Public Act No. 3 of 1895 (MCL 61.1 et seq., MSA 5.1201 et seq.), as in effect prior to the effective date of Public Act No. 4 of 1974 (MCL 67.25 et seq., MSA 5.1309 et seq.), are hereby validated, ratified and confirmed. Any special assessment roll confirmed after the effective date of Public Act No. 4 of 1974 (MCL 67.25 et seq., MSA 5.1309), but prior to the effective date of the ordinance codified in this chapter, shall be conclusive, except that the period for contesting such assessment roll provided in section 58-24 shall commence upon the effective date of the ordinance codified in this chapter. All incomplete special assessment proceedings shall be continued under the applicable provisions of this chapter. (Comp. Ords. 1987, § 12.430) [1] Footnotes: ---

1. (1) --- Cross reference— Any ordinance vacating, abandoning, or accepting any street, alley or easement saved from repeal, § 1-13(2); any ordinance relating to any specific local improvement saved from repeal, § 1-13(3); buildings and building regulations, ch. 18; moving buildings or other structures, § 18-61 et seq.; community development, ch. 26; environment, ch. 30; peddlers and solicitors, ch. 46; special assessments, ch. 58; traffic and vehicles, ch. 66; utilities, ch. 70. State Law reference— Village control of highways, Mich. Const. art. 7, § 29; streets and sidewalks, MCL 67.7 et seq., MSA 5.1291 et seq.; paving and improvements, MCL 67.17 et seq., MSA 5.1301 et seq.; street regulations, MCL 67.20 et seq., MSA 5.1304 et seq.; obstructions and encroachments on public highways, MCL 247.171 et seq., MSA 9.251 et seq.; liability of local government for injury the result of not keeping highway in reasonable repair, MCL 691.1402, MSA 3.996(102). Secs. 62-1—62-30. - Reserved. [2] Footnotes: ---
2. (2) --- State Law reference— Sidewalks, MCL 67.8 et seq., MSA 5.1292 et seq. Secs. 62-31—62-50. - Reserved.

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