HomeMy WebLinkAboutReg 2013-03-04 Item 4C.4 - Ordinance - Assessment Roll Hearings and Appeal RegulationsCity of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 322
TO ADOPT REGULATIONS RELATING TO ASSESSMENT ROLL
HEARINGS AND APPEAL, TO BE CODIFIED AT TUKWILA
MUNICIPAL CODE SECTION 13.04.095; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 35.44.070 requires that recommendations of the Hearing
Examiner on a local improvement district assessment roll be appealable, by property
owners who protested his or her assessment, to the City Council; and
WHEREAS, Tukwila Municipal Code Chapter 13.04 did not contain a process for
administering such appeals;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance No. 322 Amended. Ordinance No. 322 is hereby amended
to adopt new regulations to be codified at Tukwila Municipal Code Section 13.04.095,
"Assessment Roll — Hearing and Appeal," as follows:
Section 13.04.095 Assessment Roll — Hearing and Appeal
At the time fixed for hearing on the assessment roll and at the times to which such hearing
may be continued, the City's Hearing Examiner shall consider all objections timely filed
with the City Clerk pursuant to RCW 35.44.080, following which the Hearing Examiner
shall make recommendations that the City Council correct, revise, raise, lower, change or
modify the roll or any part thereof, or set aside the roll and order the assessment to be
made de novo, or that the Council adopt or correct the roll or take other action on the roll.
The City Council shall adopt or reject the recommendation of the Hearing Examiner at a
public meeting; provided, that any person who shall have challenged his or her
assessment before the Examiner, may appeal the recommendation of the Hearing
Examiner to the City Council by filing written notice of such appeal with the City Clerk
within 10 calendar days of the date of mailing of the Hearing Examiner's recommendation.
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The appeal shall be upon the record made before the Hearing. Examiner, based on a
preponderance of evidence standard and shall be considered by the Council at a public
meeting in accordance with the City Council's rules of procedure. Confirmation of the roll
shall be by ordinance.
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2013.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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TITLE 13 — PUBLIC IMPROVEMENTS
13.04.070 LID Property Inclusions
Unless otherwise provided in the ordinance ordering the
improvement, the improvement district shall include all the
property between the termini of the improvement abutting
upon, adjacent, vicinal, or proximate to the street, avenue,
land, alley, boulevard, park drive, parkway, public place or
square proposed to be improved to a distance of 90 feet back
from the marginal lines thereof or to the centerline of the
blocks facing or abutting thereon, whichever is greater (in the
case of unplatted property, the distance back shall be the
same as in the platted property immediately adjacent thereto);
provided, that if the local improvement is such that the special
benefits resulting therefrom extent beyond the boundaries as
above set forth, the Council may create an enlarged district to
include as nearly as practicable all the property to be specially
benefited by the improvement; the petition or resolution for an
enlarged district and all proceedings pursuant thereto shall
conform as nearly as is practicable to the provisions relating to
local improvement districts generally, except that the petition or
resolution must describe it as an enlarged district and state
what proportion of the amount to be charged to the property
specially benefited shall be charged to the property lying be-
tween the termini of the proposed improvement and extending
back from the marginal lines thereof to the middle of the block
(or 90 feet back) on each side thereof, and what proportion
thereof to the remainder of the enlarged district; provided fur-
ther, that whenever the nature of the improvement is such that
the special benefits conferred on the property are not fairly
reflected by the use of the aforesaid termini and zone method,
the ordinance ordering the improvement may provide that the
assessment shall be made against the property of the district
in accordance with the special benefits it will derive from the
improvement without regard to the zone and termini method.
(Ord. 322 §3(part), 1961)
13.04.080 Determination of Authority
All local improvements, funds for the making of which are
derived in whole or in part from assessments upon property
specially benefited, shall be made either by the City itself or by
contract upon competitive bids in the manner provided by law.
The City Council shall determine whether such local improve-
ment shall be done by contract or by the City itself.
(Ord. 322 §4, 1961)
13.04.090 Cost
The cost and expense of any such improvement, or such
portion thereof as the City Council may determine to be as-
sessed, shall be distributed and assessed against all the prop-
erty included in such local improvement district, in accordance
with the special benefits conferred thereon, and in the manner
provided by law.
(Ord. 322 §5, 1961)
13.04.100 Bonds - Payment of Cost
The City Council may provide by ordinance for the pay-
ment of the whole or any portion of the cost and expense of
any local improvement by bonds of the improvement district,
but no bonds shall be issued in excess of the cost and ex-
pense of the improvement, nor shall they be issued prior to 20
days after the 30 days allowed for the payment of assess-
ments without penalty or interest.
(Ord. 322 §6, 1961)
13.04.110 Bonds - Issuance and Sale
A. Local improvement bonds may be issued to the con-
tractor or sold by the officers authorized by the ordinance di-
recting their issue to do so, in the manner prescribed therein,
and at not less than par and accrued interest. Any portion of
the bonds of any issue remaining unsold may be issued to the
contractor constructing the improvement in payment thereof.
B. The proceeds of all sales of bonds shall be applied in
payment of the cost and expense of the improvement.
(Ord. 322 §Z 1961)
13.04.120 Warrants - Payment of Cost
The City Council may provide by ordinance for the is-
suance of warrants in payment of the cost and expense of any
local improvement, payable out of the local improvement dis-
trict fund. The warrants shall bear interest at the rate of not to
exceed 8% per year and shall be redeemed either in cash or
by local improvement bonds for the same improvement autho-
rized by ordinance.
(Ord. 322 §8, 1961)
New TMC section
13.04.095 Assessment Roll — Hearing and Appeal
to be inserted here
Produced by the City of Tukwila, City Clerk's Office
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