ORD 94-05 LOCAL IMPROVEMENTS AND ASSESSMENTSORDINANCE NO. 94-05
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to local improvements and assessments; amending Chapter
3.48 of the Bainbridge Island Municipal Code; and repealing
Ordinance No. 58, Section 1 of Ordinance No. 80-12, Sections 1
through 5 of Ordinance No. 84-01, and Sections 1 and 2 of
Ordinance No. 84-12.
WHEREAS, the City has determined that the current provisions of Chapter 3.48 of the
Bainbridge Island Municipal Code have been superseded in part by state statutes relating to local
improvements and assessments; and
WHEREAS, RCW 35.43.030 provides that the council of each city shall pass such
ordinances as may be necessary to carry out the provisions of all state laws relating to municipal
local improvements; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON
DO ORDAIN as follows:
Section 1. Chapter 3.48 of the Bainbridge Island Municipal Code is amended in its
entirety to read as follows:
3.48.010 Procedures. All proceedings relating to local improvements and
assessments shall be conducted in accordance with Chapter 35A.43 RCW and all
laws referenced therein.
3.48.020 Filing of petitions. Petitions for local improvements shall be filed with
the director of public works.
3.48.030 Preliminary estimates and assessment roll Upon the filing of a petition
or upon the adoption of a resolution initiating a proceeding for the formation of
a local improvement district or utility local improvement district, the director of
public works or the director's designee shall cause to be prepared a preliminary
assessment roll and an estimate of the cost and expense of the proposed
improvement. The director of public works or the director's designee shall
certify the estimate to the city council, together with all papers and information
in the director's or the director's designee's possession relating to the proposed
improvement, a description of the boundaries of the district, and a statement of
what portion of the cost and expense of the improvement should be borne by the
property within the proposed district. The estimates, together with a detailed
copy of the preliminary assessment roll and the plans and assessment maps of the
proposed improvement, shall be kept on file in the office of the director of public
works or the city engineer.
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3.48.040 Sufficiency of petition. The director of public works or the director's
designee shall determine the sufficiency of any petition for local improvements
and whether the facts set forth in the petition are true.
3.48.050 Publication of resolution. The city clerk shall cause any resolution of
the city council declaring the council's intent to order a public improvement to
be published in at least two consecutive issues of the city's official newspaper,
the first publication to be at least 15 days before the day fixed for the hearing on
the resolution.
3.48.060 Hearing on resolution for improvement. The hearing on any resolution
declaring the city council's intent to order a public improvement may be before
the council, a committee of the council, or such other hearing officer as the
council may designate in the resolution.
3.48.070 Notice of hearing on resolution for improvement. The city clerk shall
cause notice of the hearing on any resolution declaring the council's intent to
order an improvement to be mailed at least 15 days before the day fixed for the
hearing to the owners or reputed owners of all lots, tracts, and parcels of land or
other property to be specially benefited by the proposed improvement, as shown
on the rolls of the county assessor, directed to the address shown on the rolls of
the county assessor. The notice shall set forth the nature of the proposed
improvement, the estimated cost, a statement that actual assessments may vary
from assessment estimates so long as they do not exceed a figure equal to the
increased true and fair value the improvement adds to the property, and the
estimated benefits of the particular lot, tract or parcel.
3.48.080 Preformation expenditures. The director of public works with the prior
approval of the city council may contract pursuant to RCW 35.43.184 with
owners of real property to provide for payment by the owners of the cost of the
preparation of engineering plans, surveys, studies, appraisals, legal services, and
other expenses associated with improvements to be financed in whole or in part
by a local improvement district or utility local improvement district, not including
the cost of actual construction of the improvements, that the owners elect to
undertake.
3.48.090 Notice of hearing on assessment roll.
A. At least 15 days prior to the day fixed for a hearing on an assessment roll,
the city clerk shall cause notice of the hearing to be mailed to the owner or
reputed owner of the property whose name appears on the assessment roll, at the
address shown on the tax rolls of the county treasurer for each item of property
described on the list. In addition, the city clerk shall cause the notice to be
published at least once a week for two consecutive weeks in the city's official
newspaper, the last publication to be at least 15 days before the day fixed for the
hearing.
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costs shall become due and payable and the collection thereof shall be enforced
by foreclosure as set forth in this chapter.
Section 2. Ordinance No. 58, Section 1 of Ordinance No. 80-12, Sections 1 through 5
of Ordinance No. 84-01, and Sections 1 and 2 of Ordinance No. 84-12 are repealed.
Section 3. This ordinance shall take effect and be in force five days from and after its
passage, approval and publication as required by law.
PASSED by the City Council this 3rd day of Febn,ari , 1994.
APPROVED by the Mayor this 3rd day of February _,1994.
" A..6� 1!�. u
Janet K. West, Mayor
ATTEST/AUTHENTICATE:
Susan P. Kasper, City Clerk
APPROVED AS TO FORM:
hA
Rod P. Kaseguma, y Attorney
FILED WITH THE CITY CLERK: 1-28-94
PASSED BY THE CITY COUNCIL: 2-3-94
PUBLISHED: 2-9-94
EFFECTIVE DATE: 2-14-94
ORDINANCE NO.: 94-05
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B. The notice of the hearing on the assessment roll shall specify the time and
place of the hearing and shall notify all persons who may desire to object thereto:
1. To make their objections in writing and to file them with the city clerk
on or before the date of the hearing;
2. That at the time and place of the hearing, and at times to which the
hearing may be adjourned, the city council will sit as a board of
equalization for the purpose of considering the roll; and
3. That at the hearing the city council will consider the objections made
and will correct, revise, raise, lower, change or modify the roll or any
part of the roll, or set aside the roll and order the assessment to be made
de novo.
3.48.100 Penalties for delinquent assessment installments. Whenever any
installment, including principal or interest, of any local improvement assessment
approved after the effective date of the ordinance codified in this chapter is
delinquent, each such delinquent installment remaining unpaid on the date of
delinquency together with delinquent interest, if any, shall be subject to a penalty
equal to the rate of interest provided by ordinance for the bonds or warrants, plus
five percent. Penalties and interest on delinquent installments shall be computed
as set forth in Exhibit A, on file in the office of the city clerk and incorporated
herein as if set forth in full, consistent with this section.
3.48.110 Foreclosure of delinquent assessment installments. 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 assessments or installments by an appropriate action on behalf of
the city in Kitsap County Superior Court. Such foreclosure proceedings shall be
commenced on or before June 1st of that year; provided, that thirty days before
the commencement of the proceedings, the director of finance and administrative
services shall provide notice by certified mail to the persons whose names appear
on the assessment roll as owners of the property charged with the delinquent
installment or assessment, at the address last known to the director. The notice
shall state the amount due upon each separate lot, tract, or parcel of land and the
date after which the proceedings will be commenced. If the person whose name
appears on the tax rolls of the county assessor as owner of the property, or the
address shown for the owner, differs from that appearing on the city assessment
roll, then the director shall also mail a copy of the notice to that person or that
address.
3.48.120 Acceleration of assessment installments - Foreclosure. In any action
brought for the foreclosure of a delinquent assessment or installment, future
installments not otherwise due and payable may, at the election of the city, be
accelerated and the entire balance of the assessment with interest, penalties and
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