HomeMy WebLinkAboutOrd 1348 - LID (Local Improvement District) - Assessment Foreclosure r
CITY OF TUKWILA
WASHINGTON L1
ORDINANCE NO. /.J 7
AN ORDINANCE OF THE CITY OF TUKWILA, WASHING-
TON, AMENDING SECTION 10 OF ORDINANCE NO. 322
OF THE CITY OF TUKWILA, ESTABLISHING PROCE-
DURES FOR THE FORECLOSURE OF DELINQUENT LOCAL
IMPROVEMENT DISTRICT ASSESSMENTS AND SPECIFI-
CALLY ESTABLISHING PENALTIES, PROVIDING FOR
THE ACCELERATION OF INSTALLMENTS, REQUIRING
THAT FORECLOSURE PROCEEDINGS BE COMMENCED
BEFORE JULY 1 OF EACH YEAR, PRESCRIBING
NOTICE TO PROPERTY OWNERS, PROVIDING FOR
ATTORNEYS' FEES, REPEALING ORDINANCES NO. 766
AND 1256 OF THE CITY AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Tukwila is required by state law
to proceed with the foreclosure of local improvement assessment
liens against property that is subject to an assessment for which
as of January 1 of each year, either two installments are delin-
quent or the final installment has been delinquent for more than
one year, and
WHEREAS, RCW 35.49.030 authorizes the City to establish
a penalty for delinquent LID assessments, RCW 35.50.030 provides
that the City may prescribe a date before which foreclosure pro-
ceedings must be commenced, and RCW 35.50.040 authorizes the City
to accelerate all installments on an LID assessment whenever one
of those installments is subject to foreclosure, now, therefore,
THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Pavment Installments. Section 1 of Ordi-
nance No. 322 of the City of Tukwila, passed by the City Council
on May 1, 1961, as amended by Ordinance No. 1256, passed by the
City Council on May 18, 1982, is hereby amended further to read
as follows:
Section 1. Payment Installments. In all cases
where bonds are issued to pay the cost and expense of a
local improvement, the ordinance levying the assess-
ments shall provide that the sum charged against any
lot, tract, and parcel of land, or other property, or
any portion thereof, may be paid during the thirty -day
period allowed for the payment of assessments without
penalty or interest and that thereafter the sum remain-
ing unpaid may be paid in equal annual installments.
The number of installments shall be less by two than
the number of years which the bonds issued to pay for
the improvements are to run. Interest on the whole
amount unpaid at the rate fixed by the ordinance shall
be due on the due date of the first installment of
principal and each year thereafter on the due date of
each installment of principal. The first installment
shall become due and payable during the thirty -day
period succeeding a date one year after the date of
first publication of the treasurer's notice, as pro-
vided in Section 9, and annually thereafter each
succeeding installment shall become due and payable in
like manner. If the whole or any portion of any
assessment remains unpaid after the first thirty -day
period herein provided for, interest upon the whole
unpaid sum shall be charged at the rate to be fixed by
ordinance, and each year thereafter one of said
installments, together with interest due upon the whole
of the unpaid balance, shall be collected. Any
installment not paid prior to the expiration of the
thirty -day period during which such installment is due
and payable shall thereupon become delinquent. All
delinquent installments shall be subject to a charge
for interest at the rate fixed on the unpaid balance of
the roll and to an additional charge of not less than
eight percent penalty levied upon both principal and
interest due on such installment or installments. The
exact penalty shall be stated in the ordinance
approving and confirming the assessments and assessment
roll for said LID.
Section 2. Foreclosure of Delinquent Assessment. 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 pro-
ceedings on the delinquent assessment or delinquent installments
by an appropriate action on behalf of the City in King County
Superior Court. Such foreclosure proceedings shall be commenced
on or before July 1 of each year.
Section 3. Notice to Property Owner. The City Finance
Director shall send by certified mail to each person whose name
appears on the assessment roll and /or tax rolls as owner of the
property charged with any delinquent assessment or installment,
at each address listed on said assessment roll and /or county tax
roll, a notice at least thirty 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 pro-
ceedings will commence.
Section 4. Acceleration of Installments Attorneys'
Fees. 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, penalty and
cost shall become due and payable and the collection thereof
shall be enforced by foreclosure as set forth in this ordinance;
provided, however, that in the case of such foreclosure there
shall be added to the cost and expense as provided by RCW Chapter
35.50 such reasonable attorneys' fees as the court may adjudge to
be equitable.
Section 5. Applicability The provisions of this
ordinance shall govern the collection by foreclosure of any and
all assessments or installments that were delinquent as of
January 1, 1985, as well as subsequent delinquent assessments or
installments.
Section 6. Severability. If any section, sentence,
clause or phrase of this ordinance should be held to be invalid
or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
Section 7. Repealer. The following ordinances of the
City of Tukwila, passed by the City Council on the dates set
forth below, are hereby repealed:
Ordinance No.
766
1256
Section 8. Effective Date. This ordinance shall be in
full force and effect five (5) days after passage and publication
as provided by law.
3
Date of Passage
March 19, 1973
May 18, 1982
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, at a regular meeting thereof this
1985.
ATTEST /AUTHENTICATED:
I'tY`CLERK, MAXINE ANDERSON
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED WITH THE CIT CLER
PASSED BY THE CITY COUNCI
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 1348
May 9, 1985
May 20, 1985
May 24, 1985
May 30, 1985
APPROVED:
MAY6R, GAR L. VAN DUSEN
day of