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HomeMy WebLinkAbout1907 ORDINAN CE NO. 1907 AN ORDINanCE providing rot the construction, reconstruction and repair o£' sidewalks and methods or payment oi' costs oi' such improvements, provid- ing hearings, resolutions, assessment rolls, i~unds and procedure for deter- mining and paying for such improvement, repealing Ordinances Nos. 45 and 137, anm meclaring an emergency. THE CITY OF BRE~ERTON DOES ORDAIN: Section 1. Construction, Reconstruction, ~epair of sidewalks, etc., authorized--Payment ..Of cost. -- (a) Whenever any construction, reconstruction or repair of any sine- walks, gutters or curbs along or driveways across sidewalks, which work is hereafter rei'erred to as the "improvement", is t o be done, the, costs bi' the same may be pain for by any of the following three methods: 1. From any availaDle runes. 2. By requiring the abutting owner to construct the improve- ment at his own cost or expense. 3. By assessing all or any portion bi' the costs thereof against the abutting property owner. Section 2. Resolution--Necessity--Contents. Such improvement shall be undertaken or required pursuant to a resolution of ~he City Council. The resolution shall state whether the cost oZ' the improvement shall be borne by the city or whether all or a specified portion shall be borne by the city or whether all or a specified portion shall be borne by the abutting property owner; or whether the abutting owner is required to construct the improve- ment at his own cost an~ expense. If ~he aOutting owner is required to con- struct the improvement the resolution shall specify the time within which the construction shall be commenced and completed; and further that ii' the im- provement or construction is not undertaken and completed within the time speciried that the city will perform or complete the improvement an~ assess the cost against the abutting owner. Section 3. Fixing time and place for hearing--Publication--Notice of hearing--Proof or publication and mailing--Postponement or hear'lng--Deter- mination. If 'aI~ or any portion of the cost is to be assessed against the abutting property owner, or ii' the aOutting proDerty owner is required to con- struct the improvement, the resolution shall fix a time from ann after its passage, an~ a place, rot hearing on the resolution. The resolution shall be puOlishea for two consecutive weeEs OeI'ore the time of hearing in the of- ficial newspaper bi~ the city an~ a notice cz' the date of such hearing shall be given each owner or reputed owner or the abutting property by mailing to the owner or reputed owner o~' the property as shewn on the tax rolls of the County Treasurer, at the address shown thereon a notice or the date or hear- ing, such mailing to be at least ten days beI'ore the date fixed I'or such hearing. If the publication and mailing is ma~e as herein required, proof thereof by ar~'imavit shall be filed wzth the City Clerk or the city bei'ore the hearing. The hearing may be postponed i~rom t~e to time to a definite mate until ~he h~aring is'held. At the time or hearing the (buncil shall hear persons who appear' I'or or against the improvement, and determine w~etner it ~ill or will not proceed w~th the improvement and whether it will maxe any changes in the original plan, and what the changes shall be. This action may be taken by motion adopted in the usual manner. Section 4. Sidewa..1.~ ~onstruction Funm. %¥hen all or any portion of the cost is to be assessem against 'the abut~ property owner, the City Co~zncil may create a "Sidewal~ Construction Fund No. "to be numbered dir~'erent- ly for each improvement; and with warrants drawn on this fund the cost o~' the respective improvements may Oe paid. The city may advance as a loan to mhe Sidewalk Construction Func Prom any available t'unms the amounts necessa~.y to pay any costs of the improvement. When s~y assessments are maue i'or the im- provement payments therefor snail be paid into tne particular ~idewa±k Im- provement Fund; and whenever-[ any funds are avaiiaOie over the amounts nec- essary to pay outstanuina, warrants any advan¢..es or loans made to the Fund shall be repaid. ~henever warrants are drawn on any such I'und which are not paid for want of suI~ficient funds, they shall be so stamped su]m shall bear interest until col±ed and paid at a rate establishe~_i by the City Council by resolution. Section 8. Assessment roll--Preparation and filing--Notice of hearing-- Affirmance, modificatio.n, rejection, or recast..i, ng or assessment roll--Appeal. Where all or any portion of th'~ costs' 'are to oe assessed against' ~-~ abutting proper~y, an assessment roll s~all be prepared by the proper city official or by the City Council which snail to the extent necessary be based on Oenefits and whioh shall describe the p~operty assessed, the name oI~ the owner, if known Ordinance No. 1907 (ton't) otherwise stating that the owner is unknown and fixing the amount of the assessment. The assessment roll shall be filed with the City Clerk, and when so I'iled the Council shall by resolution fix a date Z'or hearing there- on and direct the Clerk to give notice of such hearing and the time and place thereoi'. The notice of hearing shall be mailed to the person whose name ap- pears on the County Treasurer's tax roll as the owner or reputed owner of the property, at the address shown thereon, and shall be published before the date fixed for the hearing for two consecutive weeks in the official newspaper or regular official publication oi' the city. The notice shall 0e mailed and i'irs publication made at least ten days bei'ore the hearing date. Proof of mailing and publication shall be made by affidavit and shall be filed with the City Clerk beI'ore the date fixed for the hearing. Following the hearing the City Council shall by ordinance affirm, modiI'y or reject or order recasting oI' the assessment roll,. An appeal may be taXen to the ,~uperior Court from the ordin- ance conz'i~ning the assessment roll in the same manner as is provided for ap- peals from the assessment roll by Chapter 98, Laws of 1911. Section 6. Manner of paym_en.t 9.F assessment. The City Cotu~cil shall by resolution provide whether the full amotmt of t~e assessment shall be paid in one payment or whether it may be paid in installments ana shall presczibe the time and amount oI' such payments; and ii~ moire than one payment is provided for.~ the City Council may by reso±ution proviae for interest on unpaid installments anm fix the rate thereof. Section 7. Lien--Foreclosure--Proceedings as conclusive. The assessment roll as hi'firmed or 'modifiem by the City Council' shall be filed with the City Treasurer for collection, and the amount thereoi' incluming interest, if any, shall become a lien against ~heproperty described therein from the date of such filing. Whenever any payment ow any assessment or installment is delin- quent aha unpai~ rot a period of thirty ~ays or more the lien may be fore- closed in the same manner and with the same effect as is provided by Chapter 98, Laws of 1911, as amended. Whenever the deed is issued a1'ter the sale therin provi~em, the regularity, vaiimity aha correctness oI' the proceedings relating to such improvement sma the assessment therefor shall be final and conclusive an~ no action shall thereafter be brought by or in behalf of any person, to set aside said deed. Section 8. That Ordinances Nos. 45 and 137 are hereby repealed. Section 9. That an emergency exists which affects the public peace, health and saz'ety oz' the City of Bremerton and this ordinance shall be ef- I'ective immaediately upon passage and publication. PASSED unanimously by the City Council oi' the City of Bremerton, signed by the mayor an~ attested by the City ClerX in authentication of such passage this first day of November, 1~50. City~ C'I erk State of Washington ~ County of Kit~ap ~- S.S. City of Blen~.rlon ~ I. ihe und:~,.'i~ned, do here by certif'y fha! colby of Ordiq~q~;~ No Z.¢_~.~.of the City of same has been pubii~h~d according to Jaw. ..................... ~ City Clerk