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HomeMy WebLinkAbout05. Special Assessments ordinance 2021 - interest rate highlightedCHAPTER 21 PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS The City of Oshkosh finds that it is necessary to protect the health, safety, welfare and property of its residents and business owners through the installation, construction, reconstruction and maintenance of public works and facilities including but not limited to water mains, services, and appurtenances; sanitary sewer mains, services and appurtenances; storm sewers mains, services and appurtenances; public streets and sidewalk; bike and pedestrian ways; landscaping; street lighting and associated amenities. The City of Oshkosh also finds that it is necessary to provide reasonable, equitable and sustainable funding sources for these purposes which may include public financing through bonding or other means, special assessments, special charges and financing through utilities. The City has created and maintains separate utilities for water (Chapter 28 of this Municipal Code), wastewater (Chapter 24 of this Municipal Code), and storm water (Chapter 14 of this Municipal Code). ARTICLE I. SPECIAL CHARGES SECTION 21-1 SPECIAL CHARGES Special Charges may be imposed against real property for current services rendered by allocating all or part of the cost of the service, together with an administrative fee as may be adopted by Resolution of the Council, to the property benefited as provided in Sec. 66.0627 of the Wisconsin Statutes. Where such charge is specifically authorized by a specific provision within this Municipal Code, such provision shall constitute notice of the special charge, except as additional notice may be required by statute or ordinance. ARTICLE II. SPECIAL ASSESSMENTS SECTION 21-2 SPECIAL ASSESSMENTS POLICY The City of Oshkosh “Policy for Special Assessments” as adopted by the Common Council shall be kept on file in the Office of the City Clerk, the Finance Department and in the Office of the City Engineer within the Department of Public Works for the City of Oshkosh. Copies of the Policy shall be available for public inspection during usual business hours. SECTION 21-3 SPECIAL ASSESSMENTS AUTHORIZED (A) In addition to any other methods provided by law, the cost of installing, constructing or maintaining any public improvement or providing any current service may be charged in whole or in part to properties benefitting from the installation, construction or maintenance of the public improvements or current service and special assessments may be levied against the properties benefited in accordance with Subchapter VII of Chapter 66 of the Wisconsin Statutes and the City’s Special Assessment Policy. Any assessments not provided for within the policy or deviations from the provisions of the Special Assessment Policy shall be specifically approved by the Common Council. Upon certification, property owners may pay the assessment in accordance with the following sections. (B) Any special assessment levied under this ordinance shall be a lien against the property assessed from the date of the final resolution determining the amount of the levy. (C) Any person against whose property a special assessment is levied may appeal therefrom in the manner prescribed by Section 66.0703 of the Wisconsin Statutes within ninety (90) days of the date of the final resolution. SECTION 21-4 CERTIFICATION OF FINAL ASSESSMENTS / NOTICE OF ELECTION OF INSTALLMENT PAYMENTS (A) Upon acceptance of the particular public improvement involved, the Board of Public Works shall issue a Certification of Final Levy of Special Assessments similar to the Certificate specified in Section 66.0713 of the Wisconsin Statutes. (B) Upon certification of the project by the Board of Public Works: (1) The City Clerk shall publish as a Class 1 Notice, an Installment Assessment Notice similar to the notice specified in Section 66.0715(3)(e) of the Wisconsin Statutes stating that the City has determined to permit collection of the same in annual installments as specified in this Article and the initial and final resolutions of Council. (2) The Finance Director shall notify all property owners who are eligible to make an election for payment under the provisions of this Article that they shall have thirty (30) days from the date of the notification to select a payment option. (C) The election to utilize an installment plan as provided in Sections 21-6 through 21- 8 below shall be made in writing by the property owner on forms supplied by the Finance Department. SECTION 21-5 PAYMENT IN FULL Upon notification by the Finance Director pursuant to Section 21-4 above, an owner may pay the special assessments in full prior to November 1st; elect to pay the entire assessment on that year’s property tax bill or may select one of the installment plans provided below. SECTION 21-6 FIVE-YEAR INSTALLMENT PLAN The first installment shall include a one-fifth (1/5) portion of the principal of the assessment. Each subsequent installment shall include a like portion of the principal and one (1) year's interest at the rate of four (4) percent per year upon the unpaid portion of such assessment. SECTION 21-7 TEN-YEAR INSTALLMENT PLAN (A) The property owner shall be deemed to accept this plan unless the property owner pays the amounts due by November 1st in accordance with section 21-5 or files with the Finance Director an election to pay the special assessments in accordance with section 21-6 or section 21-8. (B) The first installment shall include a one-tenth (1/10) portion of the principal of the assessment. Each subsequent installment shall include a like portion of the principal and one (1) year's interest at the rate of four (4) percent per year upon the unpaid portion of such assessment. SECTION 21-8 FIFTEEN-YEAR INSTALLMENT PLAN The first installment shall include a one-fifteenth (1/15) portion of the principal of the assessment. Each subsequent installment shall include a like portion of the principal and one (1) year’s interest at the rate of four (4) percent per year upon the unpaid portion of such assessment. SECTION 21-9 PRORATED INTEREST Any property owner on an installment basis may pay all remaining installments, or any part thereof, together with interest at the rate of four (4) percent per year through the day of receipt of payment, provided, however, that between November 1 and December 31 of each year, the one (1) installment with interest which is placed on the current tax roll must be paid as shown on the tax roll. SECTION 21-10 PAYMENT OF CONNECTION CHARGES (A) Except as may otherwise be prohibited by Wisconsin Statutes or Rules of the Public Service Commission, property annexing to the City shall pay a connection charge, which is calculated at rates equal to the special assessments previously levied against benefiting properties located within the City limits for public storm sewer, public sanitary sewer main and/or public water main, at such time as the annexation procedure is officially completed. (A) Within the first ten (10) years after an assessment is levied, a connection charge may be prorated upon request of the property owner. The total amount of the connection charge shall be divided by the number of years remaining under the original ten (10) year installment plan available to other property owners and that proportional amount of the principal of the assessment together with interest thereto at the rate of four (4) percent per year shall be paid each year for the remaining number of years. The Finance Director shall maintain a schedule of all ten (10) year installment assessment plans and the payments made thereon. Connection charges from any period greater than ten (10) years must be paid in full. SECTION 21-11 SPECIAL ASSESSMENTS - DEFERRED PAYMENT The Common Council may by resolution direct the Finance Director to pay all, or any portion of special assessments or special charges extended upon the current or next tax roll for any property the Council determines shall be eligible for deferment for payment. The Council may provide for annual interest upon any amounts deferred under this provision. SECTION 21-12 SEVERABILITY In the event any section, subsection, clause, phrase or portion of this ordinance is for any reason held illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of this ordinance. It is the legislative intent of the Common Council that this ordinance would have been adopted if such illegal provision had not been included or any illegal application had not been made.