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HomeMy WebLinkAbout4834ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to local improvement districts and delinquent assessments amending Chapter 11.04 of the Bremerton Municipal Code by amending Section 11.04.010 to clarify the definition of local improvement district and adding a new section, Section 11.04.050, entitled "Delinquent Assessments" providing for the acceleration of the entire assessment for purposes of collection and foreclosure when installment payments become delinquent. WHEREAS, the current provisions of Chapter 11.04 of the Bremerton Municipal Code do not provide an adequate definition of a local improvement district; and WHEREAS, the current provisions of Chapter 11.04 of the Bremerton Municipal Code do not allow for acceleration of the entire assessment of a local improvement district assessment for purposes of collection and foreclosure when installment payments become delinquent; and WHEREAS, the City Council desires to amend the Bremerton Municipal Code to clarify the definition of a local improvement district and allow for acceleration of assessments in order to assist in the collection and foreclosure of assessments once they become delinquent; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 11.04.010 of the Bremerton Municipal Code entitled "RCW Adopted" is hereby amended to read as follows: 11.04.010 RCW Adopted. RCW 35.43 and 35.44 are herby adopted insofar as the same may be applicable to the creation of local improvement districts, assessments, reassessments, and financing thereof in the city. For the purposes of this chapter, the term "local improvement district" also means "utility local improvement district". SECTION 2. A new section, Section 11.04.050, entitled "Delinquent Assessments" is hereby added to Chapter 11.04 of the Bremerton Municipal Code to read as follows: Delinquent LID Assessments 11.04.050 Delinquent Assessments. Whenever any local improvement district assessment shall have been made payable in installments and, if on the first day of January in any year, two or more installments are delinquent, or if the final installment has been delinquent for more than one year, then, as authorized pursuant to RCW 35.50.040, the entire assessment shall be due and payable and the collection thereof shall be enforced in the manner prescribed by the laws of the State of Washington. Proceedings brought to foreclose such delinquent assessments shall be commenced on or before December 1 of that year, but not before the City Treasurer has notified by certified mail, pursuant to RCW 35.50.030 as enacted and thereafter amended, the persons whose names appear on the assessment roll as owning the property charged with the assessments or installments which are delinquent at the address last known to the Treasurer, a notice 30 days before the commencement of the proceedings. This section shall apply to all local improvement districts formed pursuant to RCW 35.43 after the effective date of the ordinance creating this section. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the~ day of ~ PASSED by the City Council the ~ day of ~ ,2002 ,2002 CAROL ARENDS, Council President Approved this day of~ CARY BOZEMAN, Mayor ATTEST: /~ - APPROVED AS TO FORM: K~~ &L/fs-I Y, ~ity C~r~ ~ Delinquent LID Assessments PUBLISHED the~ day of ,~7_~?,~t_~_~.t~'9 EFFECTIVE the ~day of r-~t~7~..,.~.e~ ORDINANCE NO. q~ R:~EG~XOrdin~ees~n~ce~linquent Assessments.doc ,2002 ,2002 Delinquent LID Assessments AFFIDA VIT OF PUBLICATION County of Kitsap, State of Washington No. 100036510 I, Melinda Monroe, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the /superior Court of the Count of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: Dec. 10, 2002 during all of said period. That he full amount of the fee charged for the foregoing publication is the sum of $49.78 which amoun~. not been paid in full. OP-WN s:s~ ~ "...~..S<< ~ ()("v') t- (7 :::7'1n . . ~o,,^MiSSI()/v: ~.. ~_ 11-1-f,{, ------'- \ ,;t-. Li'Cl!1:1 ~ .. ~ (' l 1,;,_"..A (Signature of Principal Clerk) r: - "~~A~tpL'%'~ (j)f!.-ol>i\ , .. Subscribed and sworn to before me this day of Dec. 26, 2002. ( %....,~ ({9/.iC .: "'30 oX) · l\" ,...a....1I _ q(',......-...o..6~/[ ~ 1-..XAJ::t \1~~~~' Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 4834' AN ORpINANCE of the City Council of the City of Bremerton, Washington, relating to local improvement districts and delinquent assessments amending Chapter 11.04 of the Bremerton Municipal Code by amending Section 11.04.010 to clarify the definition of local improvement district and adding a new section, Section 11.04.050, entitled "Delinquent Assessments" providing for the acceleration of the entire assessment for purposes of collection and foreclosure when installment payments become delinquent.- Approved by the City Council the 26th day of November, 2002.- Passed by the City Council the 4th date of December, 2002.- The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- December 10, 2002.. f' cy