HomeMy WebLinkAboutO-2937 - Amends Chs. 3.16 and 3.60, local improvements (3.16, 3.60)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE °' q .~ 7
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
AMENDING PORTIONS OF THE MARYSVILLE MUNICIPAL CODE
RELATING TO LOCAL IMPROVEMENTS -AMENDING CHAPTER
3.16 ENTITLED "LOCAL IMPROVEMENT GUARANTY FUND";
AMENDING CHAPTER 3.60 ENTITLED "LOCAL IMPROVEMENTS,
SPECIAL ASSESSMENTS AND BONDS"; PROVIDING FOR
SEVERABILITY; AND EFFECTIVE DATE.
The City Council of the City of Marysville, Washington do hereby ordain as follows:
Section 1. MMC Chapter 3.16 entitled "LOCAL IMPROVEMENT GUARANTY FUND" is
hereby amended to read as follows
Sections:
Chapter 3.16
LOCAL IMPROVEMENT
GUARANTY FUND
3.16.01 0 Created -Purpose.
3 .16.020 Statutes incorporated by reference. Repealed
3.16.030 Additional sources of funds. Repealed
3.16.040 Basis of assessments Limiting improvements. Repealed
3.16.050 Degree of claim by holder of bonds, 'Narrants. Repealed
3.16.010 Created -Purpose. There is established for the city of Marysville a fund for
the purpose of guaranteeing, to the extent of such fund, and in the manner provided for by
chapter 35.54 RCW, the payment of its local improvement bonds and warrants or other
short-term obligations issued to pay for any local improvement orders. The local
improvement guaranty fund established under this section shall not be subject to any
claim by the owner or holder of any local improvement bond, warrant, or other short-term
obligation issued under an ordinance that provides that such obligations shall not be
secured by the local improvement guaranty fund.
3.16.020 (Repealed) Statutes ineorporated by referenee.
3.16.030 (Repealed) ,A.,dditional sourees of funds.
3.16.040 (Repealed) Basis of assessments Limiting improvements.
3.16.050 (Repealed) Degree of elaim by holder of bonds, warrants.
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Section 2. MMC Chapter 3.60 entitled "LOCAL IMPROVEMENTS, SPECIAL
ASSESSMENTS AND BONDS" is hereby amended to be entitled "LOCAL
IMPROVEMENTS, SPECIAL ASSESSMENTS AND LID HEARING PROCESS" and shall
read as follows:
Chapter 3.60
LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS AND BONDS/LID HEARING
PROCESS
Sections:
3.60.010
3.60.020
3.60.030
3.60.040
3.60.050
3.60.060
3.60.065
3.60.070
3.60.080
3.60.090
3.60.100
3.60.110
3.60.115
3.60.120
3.60.130
3.60.140
3.60.150
3.60.160
3.60.170
3.60.180
3.60.190
3.60.200
3.60.210
3.60.220
Local improvements.
Improvements initiated by petition or resolution Procedure.
Repealed
Establishing local improvement districts. Repealed
Local improvements by contract or city. Repealed
When costs 20 percent or greater Hearing Amendments to
preliminary assessment roll. Repealed
Assessment. Repealed
Additional assessment. Repealed
Bonds Issuance. Repealed
Bonds Selling Proceeds. Repealed
Warrants. Repealed
Assessment collection Notice. Repealed
Installment payments. Repealed
Time of payment -Interest -Penalties.
Bond installment plan Treasurer's report Bond issuance.
Repealed
Bond Form. Repealed
Segregation of assessments.
Foreclosure of delinquent assessments.
Notice to property ovmer. Repealed
Acceleration of installments -Attorney's fees.
Notice of right of redemption. Repealed
Form of notice of redemption right. Repealed
Service of notice of redemption right. Repealed
Failure to provide notice Effect. Repealed
LID Hearing Process
3.60.010 Local improvements.
Whenever the public interest or convenience 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
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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. (Ord. 1275 § 1, 1983; Ord. 818 § 1, 1974).
3.60.020 (Repealed) ImproYements initiated by petition or resolution Procedure.
3.60.030 (Repealed) Establishing local improvement distriets.
3.60.040 (Repealed) Local improvements by contract or city.
3.60.050 (Repealed) When costs 20 percent or greater Hearing Amendments to
preliminary assessment roll.
3.60.060 (Repealed) Assessment.
3.60.065 (Repealed) Additional assessment.
3.60.070 (Repealed) Bonds -Issuance.
3.60.080 (Repealed) Bonds Selling Proceeds.
3.60.090 (Repealed) Warrants.
3.60.100 (Repealed) A.ssessment collection Notice.
3.60.110 (Repealed) Installment payments.
3.60.115 Time of payment -Interest -Penalties.
The city council, by ordinance, shall prescribe the period ohime over which local
improvement assessments or installments thereof shall be paid. That ordinance shall also
provide for the payment and collection of interest on the unpaid balance of the
assessments at a rate to be fixed by the city council. Any installment or interest not paid
on or before the due date for the same shall be considered delinquent, and shall be
increased by a penalty charge of eight percent. (Ord. 1308 § 2, 1983).
3.60.120 (Repealed) Bond installment plan Treasurer's report Bond issuance.
3.60.130 (Repealed) Bond Form.
3.60.140 Segregation of assessments.
Whenever any land against which there has been levied a special assessment by the city
of Marysville has been sold in part or subdivided, the city council shall have the power to
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order a segregation of such assessment pursuant to RCW 35 .44.410. Such segregations
shall be conditioned upon the following:
( 1) A finding by the city council that the segregation will not jeopardize the security of
the city's assessment lien;
(2) Payment by the applicant of the applicable fee and costs as set forth in MMC
14.07 .005 for every assessment unit created by the segregation. (Ord. 2106 § 4, 1996;
Ord. 1016, 1978).
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 proceedings 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 Chapter 35.50 RCW, as now exists or as may hereafter
be amended. Such foreclosure proceedings shall be commenced on or before June 1st of
each year. (Ord. 1275 § 3, 1983).
3.60.160 (Repealed) Notiee to property owner.
3.60.170 Acceleration of installments -Attorney's fees.
When any local improvement district or utility local improvement district assessment is
payable in installments, upon failure to pay any installment due, the assessment shall
become immediately due and payable, and the collection thereof shall be enforced by
foreclosure.
3.60.180 (Repealed) Notiee of right of redemption.
3.60.190 (Repealed) Form of notiee of redemption right.
3.60.200 (Repealed) 8erviee of notiee of redemption right.
3.60.210 (Repealed) Failure to proYide notiee Effeet.
3.60.220. LID Hearing Process
(1) In accordance with RCW 35.44.070, the city council may designate an LID hearing
examiner or other officer (" LID hearing examiner") to conduct the public hearing
required for the final assessment roll for any local improvement district of the city. In the
resolution setting the date, time and place for the public hearing, the city council may
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establish guidelines for the LID hearing examiner, including a schedule for submitting his
or her recommendations to the city council and other matters as may be consistent with
state law governing the confirmation of an assessment roll. The LID hearing examiner
may establish procedures for conduct of such hearing consistent with state law and the
Marysville Municipal Code.
(2) Following an assessment roll hearing, the LID hearing examiner shall file a written
report (including findings and recommendations) with the city clerk within a period to be
specified by the city council. Within five business days of receiving such report, the city
clerk shall mail notice that the report has been filed to any person who filed a request fo r
special notice of the report or written protest at or prior to the public hearing on the
assessment roll in accordance with RCW 35.44.080. A copy of the LID hearing
examiner's report will be available to the public in the office of the city clerk.
(3) If the council designates an LID hearing examiner to conduct the public
hearing on an assessment roll, the following procedures are established for an
appeal to the city council by any person protesting a finding or recommendation
made by the LID hearing examiner regarding the assessment roll:
Ordinance
(a) An appeal may be filed only by a party who timely submitted a written
protest to the assessment roll at or prior to the assessment roll hearing.
The notice of appeal shall state clearly (1) the number of the local
improvement district; (2) the appellant's name, address, LID parcel
number and the name and address of the appellant's attorney or other
agent, if any, (3) the recommendation being appealed, (4) the error of fact,
law, or procedure alleged to have been made by the hearing examiner and
the effect of the alleged error on the recommendation, and ( 5) the redress
sought by the appellant. The notice of appeal shall be filed with the city
clerk, together with a fee of$ 100, no later than the fourteenth day after
the day upon which the report of the hearing examiner is mailed by the
city clerk.
(b) Upon the filing of a notice of appeal, the city clerk shall promptly
notify the city attorney and furnish a copy of the notice to the city council
and the LID hearing examiner. Within 14 days following the last date for
filing of a notice of appeal, the city council shall set a time and place for a
hearing on the appeal(s), provided the time shall be as soon as practicable
in order to avoid accumulating additional interest on any obligations of the
local improvement district. The city clerk shall promptly mail notice to
the appellant of the time and place for the hearing on the appeal.
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( c) Review by the city council on appeal shall be limited to and shall be
based solely on the record from the public hearing; provided, however,
that the city council may permit oral or written arguments or comments
when confined to the content of the record of the hearing below. No new
evidence may be presented. Written arguments shall not be considered
unless filed with the city council at least two (2) business days prior to the
hearing on appeal, and the city council may determine the appeal on the
record, with or without argument.
(d) In respect to the matter appealed, the city council may adopt or reject,
in whole or in part, the findings and recommendations of the LID hearing
examiner or officer or make such other disposition of the matter as is
authorized by RCW 35.44.100. The city council shall reduce its
determination to writing, file the original in the record of the local
improvement district, and transmit a copy of the same to the appellant. No
ordinance confirming an assessment roll may be enacted by the city
council until the city council rules on all appeals. Upon ruling on all
appeals, the city council shall confirm the assessment roll by ordinance.
( e) Any appeal from a decision of the city council regarding any
assessment may be made to the superior court within the time and in the
manner provided by law.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of
any other section, subsection, sentence, clause, phrase or word of this ordinance.
Section 4. Effective Date. This ordinance shall become effective five days after the date of
its publication by summary.
PASSED by the City Council and APPROVED by the Mayor thisa.3_day of Ot+d,euol 3.
CITY OF MARYSVILLE
'/
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:~4?v7og~
April O'Brien, Deputy City Clerk
Approved as to form:
By .fJ~'(~ (J.J~)
Grant Weed, City Attorney
Date of Publication: I 1 / z /t '2
Effective Date (5 days after publication): Ii /1 ,l)
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