HomeMy WebLinkAboutO-1275 - Adds Sec. 3.60.150 – 3.60.210 and amends Sec. 3.60.010 and 3.60.020(b)(1), local improvement districts and delinquent assessments (3.60)L L ECITY0FMARY S V I
Marysville,Washington
ORDINANCE NO./,27 J
AN ORDINANCE OF THE CITY OF MARYSVILLE M1ENDING SECTIONS
3.60.010 AND 3.60.020(b)(1)RELATING TO LOCAL IMPROVEMENT
DISTRICTS,AND ADDING NEW SECTIONS TO CHAPTER 3.60 RELATING
TO FORECLOSURE OF DELINQUENT LID ASSESSMENTS
....,
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO ORDAIN
AS FOLLOWS:
Section 1.Section 3.60.010 of the Marysville Municipal Code is
hereby amended to provide as follows:
3.60.010 Local Improvements.Whenever the public interest or con-
venience may require,the City Council of the City of Marysville may order
a local improvement to be constructed and may levy and collect special
assessments on property specially benefited thereby to pay the whole or any
part.of the expense thereof.All such projects,and the financing of the
same,shall comply with Chapters 35.43 through 35.56 RCW and the provisions
of this chapter.All references herein to local improvement districts
shall also be construed to apply to utility local improvement districts.
Section 2.Section 3.60.020(b)(1)is hereby amended to provide as
follows:
(b)Petition.
(1)A local improvement may be initiated upon a petition
signed by the owners of property aggregating a majority of the area within
a proposed district.The petition must briefly describe:(1)the nature
of the proposed improvement,(2)the territorial extent of the proposed
improvement,and (3)what proportion of the area within the proposed dis-
trict is owned by the petitioners as shown by the records in the office of
the County Auditor.
If any of the property within the area of the proposed district
stands in the name of a deceased person,or of any person for whom a guard-
ian has been appointed and not discharged,the signature of the executor,
administrator or guardian,as the case may be,shall be equivalent to the
signature of the owner of the property on the petition.The petition must
be filed with the City Clerk.
On request of the petitioners,the City Administrator may
direct City employees to assist in the preparation of the petition"the
formation of a proposed boundary description,an explanation of the pro-
posal to the affected public,and City funds may be advanced for such pur-
poses in a sum not to exceed $1,000.00 for any single petition.
Upon the filing of a petition the petitioners shall become
personally responsible for any and all costs and expenses incurred
thereafter by the City in connection with the formation of a local
improvement district,including but not limited to engineering
costs,legal fees and costs of mailing and publishing notices of
public hearings.The City Administrator shall estimate the total
Ordinance - 1
t"
"...
..f-."J
of such costs and expenses and the petitioners shall be required
to deposit or assign funds in such amount for the benefit of the
City to be held in trust by the City Treasurer until such time
as a local improvement district is created by ordinance of the
City Council.Upon the creation of such a district said funds
shall be returned to the petitioners and the costs and expenses
incurred by the City,including those advanced prior to the fil-
ing of the petition,shall be reimbursed from district assess-
ments.If for any reason such a district is not formed,said
trust funds shall be applied by the City Treasurer as reimburse-
ment for costs and expenses incurred by the City in connection
with processing the petition subsequent to its filing.
Section 2.The following new sections for Chapter 3.60
of the Marysville Municipal Code are hereby adopted:
3.60.150 Foreclosure of Delinquent Assessments.If,on
the first day of January,in any year,two installments of any
local improvement assessment are delinquent,or if the final
installment thereof has been delinquent for more than one year,
the City Attorney is authorized to commence foreclosure proceed-
ings on the delinquent assessment or delinquent installments by
an appropriate action on behalf of the City in Snohomish County
Superior Court.The foreclosure proceeding shall be in accordance
with the provisions of RCW Chapter 35.50,as now exists or as may
hereafter be amended.Such foreclosure proceedings shall be com-
menced on or before June 1 of each year.
3.60.160 Notice to Property Owner.The City Clerk shall
send by certified mail to each person whose name appears on ei ther the
as s e ssmerit;roll or the county tax rolls as owner of the property
charged with any delinquent assessment or installment,at each
address listed on said assessment roll or tax roll,a notice
at least thirty (30)days before commencement of any action to
foreclose a delinquent assessment or installment.The notice
shall state the amount due on each separate lot,tract or parcel
of land,and the date after which the foreclosure proceedings
will commence.
3.60.170 Acceleration of Installments -Attorney's Fees.
In any action brought for the foreclosure of a delinquent assess-
ment or installment,future installments not otherwise due and
payable shall thereupon be accelerated and the entire balance of
the assessment ,with interest,penalty and costs shall become due
and payable and the collection thereof shall be enforced by fore-
closure as set forth in this Chapter;provided,however,that in
the case of such foreclosure,there shall be added to the cost
Ordinance - 2
and expense as provided by RCW Chapter 3.50 such reasonable attor-
ney's fees as the court may adjudge to be equitable,and the amount
thereof apportioned to each delinquent assessment or installment
on the assessment roll.
3.60.180 Notice of Right of Redemption.Within sixty (60)
days of the sale of any property as a result of an action by the
City to foreclose a local assessment lien,the purchaser of the
property shall be given notice in the form and manner provided here-
inafter to the record owner or owners of the property as identified
by a title report current as of the date of filing of the foreclo-
sure action.Said notice shall again be given no less than sixty
(60)days prior to,nor more than one-hundred-twenty (120)days
prior to,the date of expiration of the period of redemption as
provided by law...
3.60.190 Form of Notice of Redemption Right.The notice
of redemption right shall be substantially in accord with the
following form,with all blanks properly filled in:
NOTICE OF REDEMPTION RIGHT
That certain real property located at
(street address),being-s~i~t-u-a~t-e~d~i~n--~S-n-o~h-o-m~i-s7h~'~C~o-unty,Washington,and
legally described as follows:
was sold on the day of
19 ,to
pursuant to court order to satisfy delinquent
local improvement district assessment install-
ments.
A title report shows that you are the record owner
of the property.Please take notice that the sale
of the property will become final and your right to
redeem the property will be extinguished unless
exercised prior to the expiration of two years from
the date of the sale,to wit,'on or before
In order to redeem your property,you must take affir-
mative action in accord with Washington Statutes gov-
~rning the right of redemption or these rights will
be lost.
3.60.200 Service of Notice of Redemption Right.Service
of the notice provided in this chapter shall be deemed adequate
on the production of one of the following:
Ordinance - 3
"•~I
../."I•
1.An affidavit evidencing personal service in accord
with the procedures for in-person service of process
in'superior courts in the State of Washingtoni
2.A receipt signed by the record owner evidencing actual
receipt of the notice by mail;
3.An affidavit that after diligent serarch,which at
a minimum shall include the use of a commercial
locating service~the record owner cannot be located,
and affirming that the notice has been mailed by cer-
tified mail,return receipt requested,to the last
known address of the record owner as determined from
review of the title report,the current telephone
directory for the area of the owner's last known
residence and consultation with the United States
Postal Service regarding any forwarding address left
by'the owner.
Section 3.60.210 Failure to Provide Notice --Effect.
Failure to provide the notice of redemption rights as provided
in this chapter shall not affect the validity of the legal action
which foreclosed the City's local assessment lien;provided that
no final deed or other evidence of title shall be issued to the
purchaser until compliance with the provisions of this chapter
regarding notice of redemption rights has been demonstrated.In
the event of failure to give the final notice in a timely manner,
the purchaser shall be deemed to have consented to an extension
of the record owner's right to redeem which shall continue until
sixty (60)days have elapsed subsequent to fulfillment of the
final notice requirements as set forth in this chapter,and the
record owner shall be entitled to redeem until said time.
~PASSED by the City Council and APPROVED by the Mayor this~day of r~8/,1M:J '1983.
MAYOR
APPROVED AS TO FORM:ATTEST:
By~~ie:TY CLERK
Ordinance - 4
19B3 t.l1:R ·3!:'1 I:58
AFFIDAVIT OF PUBLICATION
No._
STATE OF WASHINGTON,
County of Snohomish,
ss.
___~_~~~__~..:__~9_~~~_~~~_~,being first duly sworn
on oath deposes and says that he is the ,..__&.e.p~e.t..I!:r.y _
of THE MARYSVILLE GLOBE, a weekly newspaper.
That said newspaper is a legal newspaper which has been ap-
proved by order of the Superior Court in Snohomish County
June 18, 1962 in compliance with Chapter 213 of Washington
Laws of 1941,and it is now and has been for more than six
months prior to the date of the publication hereinafter re-
ferred to,published in the English language continually as a
weekly newspaper in Marysville,Snohomish County,Wash-
ington,and it is now and during all of said time was printed
in an office maintained at the aforesaid place of publication
of said newspaper.That the annexed is a true copy of a
_______<2~.?_!~!1_~~__~?J2 --as it was
published in regular issues (and not in supplement form)of
said newspaper once each week for. a period of ~r:~_con-
t 'k .th 2nd d f Marchsecuivewee s,commencmg on e ay 0 ,
19_8.3_,and ending on the __2ItcL day of _l1~r.9J'),19_e.l,
both dates inclusive,and that such newspaper was regularly
distributed to its subscribers during all of said period.That
the full amount of the fee charged for the foregoing publi-
cation is the S~f$__}:?~_._~?__,which amount has been
paid in full _~____ __.
Subscribed an s orn to before me this -~_C?_c=_
day of ----~-~:A~~~
Notary PUblic in and for the State of Washington,
Residing at Marysville.
CITY OF MARYSVILLE
Marysville,Washington
ORDiNANCE NO.1175 -. .
AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING SEC"tION
60010 AND 3 60.020 (b)(1)RELATING TO LOCAL IMPROVEMENT DISTRICTS
'NO ADDING NEW SECTIONS TO CHAPTER 3.60 RELATING T
ORECLOSURE OF DELINQUENT LID ASSESSMENTS
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO OR-
~~~ti~~r.OS~~H:::S3:.6O.010 of the Marysville Municipal Code is hereby amended to
r~.~~~:I~s ~~~I~t;~provement5.Whenever the public interest or c~nvenience may re-
ulre the City Council of the City of Marysville may order a local Improvement to beonst~ucted and may levy and collect special assessments on property specially
eneflled thereby to pay the whole or any part of the expense thereof_All such pro-
ects, and the financing of the same,shall comply with Chapters 35.43 through 35.56
CW and the provisions of this chapter.All references herein to local Improvement
Istrlcts shall also be construed to apply to utiiity local improvement districts.
ectlon 2.Section 3.60.020 (b)(1)is hereby amended to prOVide as follows:
l~i~er~~~~'improvementmay be Initiated u~on a pelitlon sign~d ~y the owners of
roperrv aggregating a majority of the area wlthln a proposed district.The petltl_on
must briefly describe:(1)the nature Ofthe proposed Improvement,(2)lhe TerriTOrial
xTenT of The proposed improvemenT,and (3)what proportion of Thearea wlthl.n the
proposed district Is owned by The pelitloners as shown by the records 10 the off,ce of
TheCounty Auditor.. .
If any of the property within the area of the proposed .distriCT stands 10the name of a
deceased person or of any person for whom a guardian has be~eppolnted and .001
discharged,the s',gnaTUreof the executor,adminisTrator or guardian,as Thecase '!lay
be,shall be equivalent to the signature Of The owner of The property on the petltton.
The petition must be filed with the City Clerk.
On request of the petllioners,the City Administrator may direct City employees t~
assist In the preparation of the petltton,the Iorrnatlcn of a proposed boundary descrip
tion,an explanation of the proposal to the affected public,and City fynds ma.y.be ad,
vanced for such purposes in a sum not to exceed $1,000.00 for any s,ngle petition.
Upon the filing of a petition the petitioners shall become p.ers~nallY responsible for
any and all costs and expenses incurred thereafter by the C,ty !n ~onnectlon with the
formation of a local improvement district,including but not IIm!ted to .engmeerln~
costs legal fees and costs of mailing and publishing notices of public hearings.The C,-
ty AdminisTrator shall estimate the total.of such ~osts and expenses and the ~etl·
Tloners shall be required to deposit or ass.sn funds In such amount for the benef,t of
the City to be held in trust by the City Treas~rer until such t,me as a lo~al Improve-
ment distrcl is created by ordinance of the City Counctt.Upon the creation of such a
district said funds shall be returned to the petitioners and the costs and.~xpenses 10-
curred by the City,Including those advanced prior to the 1111 109 of.the.pe!,t,on,shall be
reimbursed from district assessments.Iffor any reason such a district rs not formed.
said trust funds shall be applied by the City Treasurer as .relmburse.ment for costs and
expenses incurred by the City in connection with processms the petition SUbsequent to
~:cftiil~~92.The following new sections for Chapter 3.60 of the MarySVille Municipal
C03~:0~r5~h~~~~~'~~~~:~~:DelinqUentAssessments.II.on the first day o~January.in
any year.two installments of any local improvement assessment are delinquent,or If
the final installment rnereer has been delinquent for m~re than one ye.ar. the City At-
torney is authorized to commence foreclosure proceedings on the delinquent a~ses.s·
ment or delinquent installments by an appropriate action on behalf of the City ,n
Snohomish County Superior Court.The foreclosure proc~eding~hall be in accordance
with the provisions of RCW Chapter 35.50, as now exists or as may hereafter be
amended.Such foreclosure proceedings shali be commenced on or ~~f~re June 1 of--................
3.60'.160 Notice to Proper"yQwner.The CItY Clerk shall send by ~ertlfilld moll to
each person whose name appears on either the assessment roll or the county tox rolls
as ownar of the property charged with any delinquent assessment or Installment,at
each address listed on said assessment roll or tax roll,a notice at least Ihlrtv (30)
days before commencement of any action to foreclose a delinquent assessment or In.
stallment.The notice shall state the amount due on each separate lot,tract or parcel
Of lana,and the date after which the toreclcsure proceedings will commence.
3.60.170 Acceleralion of Installments -Allorney's Fees.
In any action brought for the foreclosure of a delinquent assessment or installment,
luture Installments not otherwise due and payable shall thereupon be accelerated and
the entire balance 01the assessment with Interest,penalty and costs shall become due
and payable and Ihe collection thereof shalr be enforced by foreclosure as set forth In
this Chapter;provided,however,that in the case of such foreclosure,there sholl be
added to the cost and expense as provided by RCW Chapter 3.50 such reasonable at.
torney's lees as the court may adjudge to be equitable,and Ihe amount thereof appor-
tioned to each delinquent assessment or Installment on the assessment roll.
3.60.180 Notice of Right of Redemption.Within sixty (60)days of the sale of any pro.
perty as a result of an action by Ihe City to foreclose a local assessment lien,the pur.
chaser of the"property shall be given notice in the form and manner prOVided
hereinafter to the record owner or owners 01the property as Identified by a title report
current as ot the date of filing 01 the foreclosure action.Said notice shall again be
given no less than sixty (60) days prior to, nor more Than one-hundred'twenty (120)
days prior to, the date of expiration Ic the period 01 redemption as prOVided by law.
].60_190 Form of Notice of Rlldemption Right.The notice of redemption right shall
be substantially in accord with 'he following lorm,With all hlan~s properly filled In:
NOTICE OF REDEMPTION RIGHTThatcertainrealpropertylocatedat'~_
,T.:=:::;-C;::-C===;:-;:"==-;-;====-='7C===~lstreet address),llelnglitualedinSnohomishCounty,WaShington,and legally described as follows:
tvassold on The day 01 _
19~to ,
nrrsuanr to courl order to satlsly delinquent local Improvement district assessmentnstallments.
A liIle report shows that yOU are the record owner of the property.Please take
ietlce that the sale Ofthe property will become final and your right to redeem the pro.
,erty Will be extinguished unless exercised prior to the expiration of two years formhedateof Thesale, to wit,on or before . - . .
In order to redeem your property you must take affirmative action in accord with
Vashlngton Statules gOverning the right of redemption of these rights will be lost.3.60.~00 Service of Notice of Redemption Righi.Service of the notice prOVided In
his chapter shall be deemed adequate on the production of one of the lollowlng:
1.An affidavit evidencing personal service in accord with the procedures for in.
erson service of process in superior courts in the State of Washington;1~'i1~receipt signed by the record owner evidencing actual receipt of the notice by
3. An affidaVit that after diligent search,which at a minimum shall InClude the use
f a commercial locating service,the record owner cannot be located,and affirming
lat the notice has been mailed by certified mail,return receipt requested,to the last
nown address of Ihe record owner as determined Irom review 01the title report,the
urrent telephone directory for the area of The owner's last known'residence and con-
"ltation with the United States Postal Service regarding any lorwardlng address lefty the Owner.
Section 3.60.210 Failure to Provide Notice ..Effect.
allure to provtde the notice of redemption rights as provided in this chapter shall not
ffect the validity of the legal action Which foreclosed The City's local asseSSment
en;provided that no final deed or other evidence 01 title Shall be tssuoo to the pur-
laser until compliance with The provisions 01 this chapter regarding notice of
:demption rights has been demonstrated_In The eVent of failure to give the final
)tice In a timely manner.The purchaser snsues deemed to have consenled to an ex'
nsron Of the record owner's right to redeem Which shall continue until slxtv (60)
svs haVe elapsed subseqUent 10 fulfillment.Of the final notice reqUirements as set
,rth in this chapter.and the record owner shall be entitled to redeem until said lime.
PASSED hy the City COuncil and APPROVED by the Mayor this 28th day of~llruary.1983,
THE CITY OF MARYSVILLE
By Daryl Brennick,Mayor
TTEST:BY Phillip E.Dexter,City Clerk
PPROVED AS TO FORM:
By James H.Aflendoerfer,City Attornev Plth.ll~"'...-.I.