§ 8.03. Special assessment procedure.

(a)

The Council shall prescribe, by ordinance, the complete special assessment procedure governing the initiation of projects, preparation of plans and cost estimates, creation of districts, notices and hearings, making and confirming the assessment rolls and the correction of error therein, the number of installments in which the assessments may be paid, the collection of interest at a rate to be established by the Council every year on assessments payable in installments, collection of assessments, refunds, and any other matters concerning the making of improvements by the special assessment method.

(b)

Such ordinance shall be subject to the following specific provisions in addition to other provisions of this Charter:

(1)

No public improvement to be financed in whole or part by special assessment shall be undertaken, or any contract let for said public improvement, before adoption by the Council of a resolution finally determining to proceed with such public improvement and establishing a special assessment district.

(2)

A final resolution determining to proceed with a public improvement and establishing any special assessment district shall only be adopted after plans have been prepared showing the improvement, the location, and the estimate of the cost and a public hearing has been held to hear any objections to the proposed improvement and to the special assessment district established. The hearing shall be held not less than ten (10) days after notice has been published, and sent by first class mail or equivalent to all property owners in the proposed special assessment district, as shown by the current assessment roll of the City and as required by State law.

(3)

If written objections to the proposed improvement have been filed with the City Clerk by the owners of property in the special district which, according to estimates, will be required to bear more than fifty (50%) percent of the amount of such special assessment, a final resolution to proceed with a public improvement and establishing a special assessment district shall be adopted except by the affirmative vote of not less than ¾ of all Members of the Council.

(4)

A final special assessment roll shall be confirmed by the Council only after a public hearing has been held by the Council for the purpose of reviewing such roll and hearing any objections. The meeting shall be held not less than ten (10) days after notice has been published and sent by first class mail to all property owners in the proposed special district as shown by the current assessment roll of the City. After such hearing the Council may, by resolution, confirm such special assessment roll or may make any corrections necessary and confirm it as corrected; or the Council may refer it for revision or may annul it and direct a new assessment roll to be made. In either case the special assessment procedure set forth in this Section shall be followed as in respect to the previous original assessment. Such action confirming the special assessment roll must be by ordinance only if so required by applicable law. Upon confirmation of a special assessment roll, the special assessments shall be final.

(Res. No. 2014-194, 8-7-2014)

State law reference

Special assessment notices and hearings, MCL 211.741 et seq.; deferment for older persons, MCL 211.761 et seq.