Special Assessments
Section 11.1. Power of council to assess.
- The council shall have power to determine, with or without a petition therefore, that the whole or any part of the expense of any public improvement or repair shall be defrayed by special assessment upon the parcels or property especially benefited and so declare by resolution. Such resolution shall state the estimated cost of the improvement, what portion of the cost shall be paid by special assessment, what portion, if any, shall be a general obligation of the city, the number of installments in which assessment may be paid, the interest to be charged, and designate the districts or land and premises upon which special assessment shall be levied.
- No such improvement shall be made if the owners of more than two-thirds of the property to be assessed shall object thereto in writing, but if the council shall determine and declare by a resolution unanimously adopted that the proposed improvement is immediately necessary for the public health, welfare and safety, such improvement may be made, and such special assessment may be levied, therefore, notwithstanding such objections thereto. The whole amount to be levied upon the premises subject to special assessment shall not be limited by the assessed valuation of the property subject to such special assessment.
Section 11.2. Procedure ordinance.
The council shall prescribe by general ordinance the complete special assessment procedure to be used, including the preparing of plans and specifications, estimated costs, the preparation, hearing and correction of the special assessment roll, the collection of special assessments, and the assessment of single lots or parcels. Said ordinance shall provide for a public hearing by the council on the necessity of making such public improvement, and shall provide for a public hearing by the council on the apportionment of the roll, as well as any other matters concerning the making of improvements by the special assessment method. It shall authorize additional assessments if the prior assessment proves insufficient to pay for the improvement and costs incident thereto or in case of invalidity in whole or in part, and it shall also provide for the refund of excessive assessment but if the excess is less than 5% of the total cost it may be placed in the general fund of the city.
Section 11.3. Assessment lien.
From the date of confirmation of any assessment or reassessment roll the same shall constitute a lien upon the respective lots of premises assessed and shall also be a charge against the person to whom assessed until paid and, in case of delinquency, may be enforced by addition to any later return to the county treasurer of regular taxes or by suit against such person.
Section 11.4. Contest of assessment.
No suit or action of any kind shall be instituted or maintained for the purpose of contesting or enjoining the collection of any special assessment or reassessment (a) unless, within 30 days after the confirmation of the special assessment roll, written notice is given to the city clerk for attention of the council indicating an intention to file such suit or action and stating the grounds on which it is claimed such assessment is illegal and (b) unless such suit or action shall be commenced within sixty (60) days after the confirmation of the roll. If the city attorney submits a written opinion finding said roll illegal, in whole or in part, the council may revoke its confirmation, correct the illegality if possible and reconfirm the same, provided that no property which is not involved in the illegality shall be assessed more than was imposed upon the original confirmation without further notice and hearing thereon.
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