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SUBDIVISION 2. SPECIAL ASSESSMENT IMPROVEMENTS*
Generally.
215. Section
7. The council shall have
power to provide for the payment of all or any part of the cost of construction, reconstruction,
repair, operation or maintenance of any structure or work in the nature of public improvement,
by levying and collecting special assessments upon property specially benefited.
Such special assessments may be payable in yearly installments for a period not
exceeding five (5) years.
Petition.
216. Section
8. When the owners of
sixty (60) per centum of the frontage of lands, liable to be assessed in any special assessment district,
or part of the city which may be constituted a special assessment district, shall
petition the council for any public improvement, the council shall order such improvement to
be made; provided, however, that the petitioning parties shall have paid hi full all
taxes, both general and special, assessed against the property owned by them. In other
cases public improvements shall be made in the discretion of the council.
Editor's noteThe above paragraph appears as amended by
an amendment approved by the electorate on April 6, 1936 by a vote of
4316 to 2412.
Resolution by council.
217.
Section
9. When the council shall
determine to make an public improvement or repairs and defray the whole or part of the cost and
expenses thereof, by special assessment, they shall so declare by resolution, stating
the nature of the improvement and what part or proportion of the expenses thereof shall
be paid by special
*State law referencePowers re special assessments, MCL
§§ 117.4a, 117.4b, 117.4d, 117.5, MSA §§ 5.2074, 5.2075, 5.2077, 5.2084.
assessment, and what part if any, shall be paid from the
general funds of the city, and shall designate the district or lands and premises upon
which the special assessment shall be levied.
Estimates and plans; notice.
218. Section
10. Before ordering any
public improvements or repairs, any part of the expenses of which is to be defrayed by special
assessment, the council shall cause estimates of the expenses thereof to be made, and also
plats and diagrams of the work and of the locality to be improved and deposited the same
with the clerk for public examination; and he shall give notice thereof and of the
proposed improvements and of the district to be assessed, and of the time and place
when the council will meet and consider any objections thereto, by publication once in
each week for two (2) successive weeks in one of the newspapers of the city.
Council to order assessment.
219. Section
11. When any special
assessment is to be made pro rata upon the lots and premises in any special assessment district,
according to frontage or benefits, the council shall, by resolution, direct the same to be
made by the city assessor and shall state therein the amount to be assessed and whether
according to frontage or benefit; and describe or designate an assessment district
comprising the lands to be assessed.
Assessment roll.
220. Section
12. Upon receiving such
order and directions, the city assessor shall make out an assessment roll, entering and describing
therein the lots, premises and parcels of land to be assessed, with the names of the
persons, if known, chargeable with the assessments thereon; and shall levy thereon and
against such persons the amount to be assessed, in the manner directed by the
council and the provisions of this charter, applicable to the assessment. In all cases where
the ownership of any description is unknown to the assessor, he shall, in lieu
of the name of the owner, insert the name "unknown" and, if by mistake or
otherwise, any person shall be improperly designated as the owner of any lot, parcel of
land or premises, or if the same shall be assessed without the name of the owner, or
in the name of a person other than the owner, such assessment shall not, for any
such cause be vitiated, but shall, in all respects, be as valid upon and against such
lot, parcel of land or premises as though assessed in the name of the proper owner, and
when the assessment roll shall have been confirmed, be a lien on such lot, parcel
of land or premises, and collected as in other cases.
Assessment according to frontage or benefit.
221. Section
13. If the assessment is
required to be according to frontage, the assessor shall assess to each lot or parcel of land such
relative portion of the whole amount to be levied as the length of front of such
premises abutting upon the improvement bears to the whole frontage of all the lots to
be assessed, unless on account of the shape or size of any lot, an assessment for
a different number of feet would be more equitable. If the assessment is directed to
be according to benefits, he shall assess upon each lot such relative portion of the
whole sum to be levied as shall be proportionate to the estimated benefit resulting to
such lot from the improvement. When the city assessor shall have completed the assessment
he shall report the same to the council. Such report shall be signed by the
assessor and may be in the form of a certificate, indorsed on the assessment roll, as follows:
STATE OF MICHIGAN )
CITY OF WYANDOTTE ) ss.
To the Council of the City of Wyandotte:
I hereby certify and report that the foregoing is the
special assessment roll, and the assessment made by me pursuant to a resolution of
the council of said city, adopted (give date) for the purpose of paying that
part of the cost which the council decided should be paid and borne by special
assessment for the (here insert the object of the assessment) that in making such
assessment I have, as near as may be, and according to my best judgment, conformed in
all things to the directions contained in the resolution of the council
hereinbefore referred to, and the charter of the city relating to such assessments.
__________________________________________________
City Assessor.
Dated _______________________
Collection of expenses as special assessment.
222.
Section
14. When any expense
shall be incurred by the city upon or in respect to any separate or single lot, parcel of land or
premises which by the provisions of this charter, the council is authorized to charge and
collect as a special assessment against the same, and not being of that class of special
assessments required to be made pro rata upon several lots or parcels of land in a
special assessment district; an account of the labor or services for which such expense
was incurred, verified by the officer or person performing the labor or services, or
causing the same to be done, with a description of the lot or premises upon or in respect to
which the expense was incurred, and the name of the owner or person, if known,
chargeable therewith, shall be reported to the council in such manner as it shall
prescribe. And the provisions of the preceding sections of this chapter with reference to
special assessments generally, and the proceedings necessary to be had before making the
improvement shall not apply to assessments to cover the expense incurred, in
respect to that class of improvements contemplated in this section.
Determining amount of expense.
223.
Section
15. The council shall
determine what amount or part of every such expense shall be charged, and the person, if known,
against whom, and the premises upon which the same shall be levied as a special
assessment; and as often as the council shall deem it expedient it shall require all of
the several amounts so reported and determined, and the several lots or premises, and the
persons chargeable therewith, respectively, to be reported by the city clerk
to the city assessor for assessment.
Special assessment roll.
224.
Section
16. Upon receiving the
report mentioned in the preceding section, the city assessor shall make a special assessment roll, and
levy as a special assessment therein, upon each lot or parcel of land, so reported to
him and against the persons chargeable therewith, if known, the whole amount or
amounts of all the charges so directed as aforesaid, to be levied upon each of such lots
or premises respectively, and when completed he shall report the assessment to the
council.
Publishing of notice.
225.
Section
17. When any special
assessment shall be reported by the city assessor to the council as in this chapter directed, the
same shall be filed in the office of the city clerk, and numbered consecutively. Before
adopting such assessment the council shall cause notice to be published once each week
for two (2) successive weeks in some newspaper of the city, of the filing of the same
-with the city clerk and appointing a time when the council and the city assessor
will meet to review said assessment. Any person objecting to the assessment may
file his objections thereto in writing with the city clerk. The notice provided for in
this section may be in the following form:
NOTICE OF SPECIAL ASSESSMENT.
Notice is hereby given that the roll of the special
assessment heretofore made by the city assessor for the purpose of defraying that
part of the cost which the council decided should be paid and borne by special
assessment for the (insert the object of the assessment and the locality of the proposed
improvement in general terms) is now on file in my office for public inspection.
Notice is also given that the council and city assessor of the City of Wyandotte will
meet at the council room in said city on (insert the date fixed upon) to review said
assessment, at which time and place opportunity will be given all persons interested
to be heard.
__________________________________________________
City Clerk.
Dated _______________________
Objections to assessment; confirmation of assessment.
226.
Section
18. At the time and place
appointed for the purpose, as aforesaid, the council and city assessor shall meet and there, or at some
adjourned meeting, review the assessment and shall hear any objections to any
assessment, which may be made by any person deeming himself aggrieved thereby, and the
council may correct said roll as to any assessment, or description of premises,
appearing therein, and may confirm it as reported, or as corrected; or they may refer
the assessment back to the assessor, or annul it and direct a new assessment, in
which case the same proceedings shall be held as in respect to the previous assessment.
When a special assessment shall be confirmed, the city clerk shall make an
endorsement
upon the roll showing the date of confirmation. When any special assessment shall be
confirmed by the council, it shall be final and conclusive.
Assessment lien.
227.
Section
19. All special
assessments, from the date of confirmation thereof, shall constitute a lien upon the respective lots
or parcels of land assessed, and shall be charged against the person to whom assessed, until paid.
When due; installments, when payable.
228.
Section
20. Upon the confirmation
of any special assessment, the amount thereof may be divided into not more than five (5)
installments, one of which shall be collected each year, at such times as the council shall
determine, with annual interest at a rate not exceeding six (6) per cent per annum, but
the whole assessment after confirmation may be paid to the city treasurer at any time
in full, with the accrued interest thereon, provided that no interest shall be
charged until thirty (30) days after confirmation. All special assessments, except such
installments thereof as the council shall make payable at a future time, as provided in this
section, shall be due and payable upon confirmation.
Insufficient or excess assessments.
229.
Section
21. Should any special
assessment prove insufficient to pay for the improvement or work for which it was levied and the
expenses incident thereto, the council may, within the limitations prescribed for such
assessments, make an additional pro rata assessment to supply the deficiency,
and in case a larger amount should have been collected than was necessary, the excess
shall be refunded ratably to those by whom it was paid.
Invalid assessments.
230.
Section
22. Whenever any special
assessment shall, in the opinion of the council be invalid by reason of irregularity or
informality in the proceedings, or if any court of competent jurisdiction shall adjudge such
assessment to be illegal, the council shall, whether the improvement has been made or not, or
whether any part of the assessments have been made or not, have power to cause a
new assessment to be made for the same purpose for which the former assessment was
made. All proceedings on such reassessment and for the collection thereof shall be
conducted in the same manner as provided for the original assessment, and
whenever any sum or part thereof, levied upon any premises in the assessment so set
aside has been paid and not refunded, the payment so made shall be applied upon the
reassessment on said premises and the reassessment shall to that extent be
deemed satisfied.
Lien not to be destroyed or impaired.
231.
Section
23. No judgment or decree
nor any act of the council vacating a special assessment shall destroy or impair the lien of the
city upon the premises assessed, for such amount of the assessment as may be
equitably charged against the same, or, as by his regular mode of proceeding, might have
been lawfully assessed thereon.
Levying assessments on lots.
232.
Section
24. Whenever any special
assessment shall be confirmed and be payable, the council may direct the city clerk to report
to the city assessor a description of such lots and premises as are contained in said roll,
with the amount of the assessment levied upon each, and the name of the owner or
occupant against whom the assessment was made, and direct the city assessor to
levy the several sums so assessed as a tax upon the several lots and premises to
which they were assessed respectively. Upon receiving such report the city assessor
shall levy the sums therein mentioned upon the respective lots and premises to which
they are specially assessed, and against the persons chargeable therewith, as a tax in
the city tax roll next thereafter to be made, in a column for special assessment
and thereupon the amounts so levied in said tax roll shall be collected and enforced
with the other taxes, in the tax roll, and in the same manner; and shall continue to be a
lien upon the premises assessed, until paid, and when collected shall be paid
into the city treasury.
Collection by city treasurer.
233.
Section
25. When any special
assessment shall be confirmed, and be payable as hereinbefore provided, the council, instead of
requiring the assessments to be reported to the city assessor, as provided in the
preceding section, may direct the assessment so made in the special assessment roll to be
collected directly therefrom; and thereupon the city clerk shall attach his warrant to a
certified copy of said special assessment roll, therein commanding the city treasurer to
collect from each of the persons assessed in said roll and the amount of money
assessed to and set opposite his name therein and in case any person named in said roll
shall neglect or refuse to pay his assessment upon demand, then to levy and collect the
same by distress and sale of the goods and chattels of such person and return said roll
and warrant, together with his doings thereon, within sixty (60) days from the date
of such warrant. 8
Collection of assessment.
234. Section
26. Upon receiving said
assessment roll and warrant, the city treasurer shall proceed to collect the amounts assessed
therein. If any person shall neglect or refuse to pay his assessment upon demand, the
treasurer shall seize and levy upon any personal property found within the city, or
elsewhere within the county, belonging to such person, and sell the same at public
auction, first giving six (6) days notice of the time and place of such sale, by posting such
notices in three (3) of the most public places in the city or township where such
property may be found. The proceeds of such sale, or so much thereof as may be
necessary for that purpose, shall be applied to the payment of the assessment and a
percentage of five (5) per centum upon the amount of the assessment for the costs and
expenses of said seizure and sale', and the surplus, if any, shall be paid to the person
entitled thereto.
Treasurer's return.
235. Section
27. The treasurer shall
make a return of said assessment roll and warrant to the city clerk according to the requirement of
the warrant and if any of the assessments in said roll shall be returned unpaid, the
treasurer shall attach to his return a statement, verified by affidavit, containing a
list of the persons delinquent, and a description of the lots and premises upon which the
assessments remain unpaid and the amount unpaid on each.
Renewal of warrant.
236. Section
28. Said warrant may be
renewed from time to time by the city clerk, if the council shall so direct, and for such time as they
shall determine and during the time of such renewal the warrant shall have the same
force, and the city treasurer shall perform the same duties and make the like returns,
as provided. In case any assessment shall be finally returned by the city treasurer
unpaid, as aforesaid, the same may be certified to the city assessor in the manner
provided in section 24 of this chapter, and shall then be reassessed with interest
included at the rate of ten (10) per cent per annum from the date of the confirmation of the
assessment until the first day of August next, if the next tax roll be for city taxes
payable August first, or until the first day of December if the next tax roll be for general
taxes payable December first, and be collected and paid in all respects as provided in
section 24 aforesaid.
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