HomeMy WebLinkAboutO-0262 - Amends Ord. 175, procedure for local improvements (Obsolete, superseded by statute)r---".
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193
ORDINANCE No.262.
FORECLOSURE ,OF DELINQUENT ASSESSMENTS:
AN ORDINANCE amending Section 10 of Ordinance 175 entitled:"An
Ordinance Relating to lodal improvements 'in the 'l'own of Marys-
ville,Washington,and repealing all ordinances and parts of
ordinances in conflict herewith.",and relating to the fore-
closure of delinquent local improvement district assessments,
and J;'epealing all other ordinances and parts of ordinances in
conflict herewith.
"BE IT ORDAINED BY 'rHE COUNCIL OF THE I'OWN OF MARYSVILLE:
SECTION 1.Section 10 of Ordinance No.175,entitled:"An
Ordinance RElating to local improvements in the 'town of Marys-
ville,Washington,and repealing all ordinances and parts of
Ordinances in conflict herewith.",of the 'I'own of Marysville,
be amended so as,to read as follows,to-Wit:.
..".
Sec~ion 10.Whenever,on the first day Of January of
any year,commencing with.the first day of January,1928,two
installments of any local improvement district assessment shall
be delinquent,or the final installment thereof shall have
been delinquent for more than one year,the TOwn of Marys-
ville,on or before the first day of June of such year,shall
proceed,through its regularly constituted officers as here-
after more particularly designated,wit~the foreclosure of
all such delinquent assessments or installment or install-
ments thereof,as the case may be,by proceeding in the
Superior Court of Snohomish County in an action brought in
its own name.
It shall not b~ecessary to bring a separate suit for
each separate lot,tract or parcel of land or other property,
or for each separate local improvement district,but all or
any part of the property so delinquent under any and all ass-
essment rolls or local improvement districts in the Town of
Marysville may be proceeded against in the same action and all
or any of the owners or persons interested in any of the pro-
perty so delinquent may be joined as parties defendant in a
single action to foreclose,and all or any liens for such
delinquent assessments,or installment or installments thereof
may be fOreclosed in such proceeding.~very such proceeding
shall be tried before the Court Without a jury and shall be
initiated by filing with the Clerk af said Superior Court of
Snohomish County a certificate of the town treasurer of the
town of MarySVille setting forth a description of each such
separate lot,tract or:'parcel.of land or other property upon
which such assessmen...:(o'r installmen t or installments is de-
linquent,theda te of the delinquency and the amount thereof,
including penalty and interest thereon,the name of the owner
thereof or that such owner is unknown as appears upon the
assessment roll,the number and date of the passage of the
ordinance authorizing the improvement,and the number and
the date of the passage of the ordinance confirming such
assessment roll,and the nmnber of such local improvement
district;all such lots,tracts or parcels of land,or other
property,may be included in one certificate;such certi-
cate shall be prima facie evidence of the regularity and
legality of the proceedings connected therewith and the bur-
den of proof shall be upon the defendants.
Upon filing of such certificate the town treasurer,with
the assistance of the town attorney,shall proceed with such
foreclosure and prosecute su@ft foreclosure action'to jUdgment,
and the property shall be sold,all as provided in Section
9386 of Hemington's Compiled Statutes (Section 1022,Pierce's
Code)Laws of the btate of Washington,as now amended or as
194
ORDINANCE No.262.(Cont'd)
the same may hereafter be amended.
Provided,however,that this Ordinance shall not be deemed
to affect pending foreclosure actions,but that such actions
now pending for the foreclosure of delinquent local improvement
district assessments shall be completed under and pursuant to
the ordinances and statutes eXisting at the time of the insti-
tution of such actions.
SECTION 2.The Town of Marysvillelelects to foreclose in
the manner provided in Section 9386 of Hemington'sCompiled
Statutes (Section 1022,Pierce's Code),Laws of the State of
Washington,as now amended or as the same may hereafter be
amended and the lien of any local improvement district ass-
essment .creat.ed prior no June 8,1927,and cause deeds to issue
but as to any such property purchased by the 'fown of Marys-
ville,at such foreclosure the same shall be held and sold by
sa Id.Town of lviarysville,under and pursuant to the provisions
of law in force and effect prior to June 8,1927.
SECTION.3.All ordinances and.parts of ordinances in con-
flict herewith are hereby repealed.
SECTION 4.This ordinance shall take effect·immediately
upon its passage,approval and publication as provided by law.
PASSED this 6th day of August,1928
Approved the 6th day of August,1928
A. C.Millican
lVIayor
ATTEST:
W.S.Myers
Town Clerk
Date of Publication:
August 16th,1928
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