§ 239.

REASSESSMENT – PROCEDURE

The manner of making, issuing and enforcing the reassessments shall be as follows:

Said Director of Public Works shall, upon the entering of a decree of court directing a reassessment or upon the making of an order by the Supervisors directing a reassessment, proceed to make a reassessment in the following manner:

a.

Partial Reassessment. If the reassessment be a partial one only, then it shall not be necessary for the diagram to show any other lots than the ones covered by such partial reassessment.

b.

Full Reassessment. If it be a full reassessment, however, then said Director shall prepare and file with the reassessment a diagram showing the lots, pieces or parcels of land deemed by him to have been benefited by the work or improvement.

c.

Fixing Boundaries. Upon any reassessment as in this Article provided for, said Director and the Supervisors shall have unlimited power to fix the boundaries of the district to be charged with the expense of the work in accordance with the benefits of the work to property as such benefits, at the time of reassessment, shall appear to said Director or the Supervisors, and to make the boundaries of such district either the same as they theretofore were or different from the boundaries of the district specified in said Director’s declaration of intention.

d.

Amount of Reassessment. It is the intent hereof that upon any such reassessment said Director and/or the Supervisors then shall have full power to determine what district and property have been benefited by the work and to make the reassessment accordingly. The reassessment shall assess upon and against each of the lots, pieces or parcels of land contained therein an amount arrived at as follows: The benefits derived, or to be derived by each of the said lots, pieces or parcels of land from the work or improvement, estimated as of the date of the filing in the office of the Department of Public Works of the original assessment, shall first be listed. Then there shall be added thereto interest thereon from the date of filing the original assessment in the Department of Public Works at the rate set by the Director, and the total sums shall constitute and be the amount of the proposed several assessments in such reassessment. The total of such reassessments, however, exclusive of interest, shall not exceed the cost and expenses of the work or improvement.

e.

Procedure. Such assessment need not be in any prescribed form, but shall refer to the original assessment filed, give the date of filing of said original assessment and state that it is made pursuant to the order of the Supervisors or decree of the court, as the case may be, and shall be accompanied by a diagram showing the lots to be reassessed and their relation to the work. It shall then be presented to the Supervisors, who shall fix a time for hearing before them. Such time must be at least 20 days after the reassessment is so presented. The Clerk of the Board of Supervisors shall then advertise the time of such hearing before the Supervisors by publishing a notice once in the official newspaper. Said Clerk shall also mail notice of such hearing as provided for in Section 193 of this Article. But this requirement as to mailing notice shall have no greater effect than that provided for in said Section 193 of this Article. And a description of the district shall be set forth in the notice.

f.

Hearing of Objections. At the time fixed for said hearing, or at such time or times to which the same may be thereafter adjourned, the Supervisors shall consider the objections to said reassessment and in their discretion informally direct the revision, correction or modification of such reassessment in such manner as is most equitable to apportion to each lot, piece or parcel of land hereby benefited the amount of the actual benefits derived from said improvement. When such reassessment shall have been revised, or corrected, or modified so as to comply with the judgment of said Supervisors, then they shall pass a resolution confirming the reassessment. The said Director of Public Works shall thereupon record the reassessment with a certificate at the end thereof by the Clerk of the Board of Supervisors. Said Director shall also note opposite the several assessments in the original assessment that have been displaced, the fact that the reassessment has been made, giving its date, and shall credit upon such reassessment all payments theretofore made upon the original assessment, or upon the bonds issued to represent the same, together with interest on such payments at the rate set by the Director, from and after the date of such payments. Such reassessment shall be collectible and payable in the same manner as an original assessment and shall be enforceable by suit in the same manner provided in this Article for enforcing an original assessment, and shall have the same weight in evidence. In the event that bonds shall have been issued under or upon the security of the original assessment, they shall also issue upon the reassessment for such sum as may be reassessed against the lots, pieces or parcels of land covered thereby.

g.

Cancellation of Original Assessment. When the reassessment is recorded the original assessment shall be cancelled by said Director so far as the reassessment affects the original assessment involved. New bonds shall not be issued until the original bonds are delivered up to the City and County Treasurer, who shall cancel the same. The lien of such reassessment shall hold its relative rank as to other special assessment liens as of the date of filing of the original assessment.

h.

Costs and Expenses. In the event such work or improvement made in attempted compliance with this Article is fully completed to the satisfaction of said Director, then it shall be the duty in any event of said Director to make and file an assessment for costs and expenses thereof so as to form the basis of a reassessment, even though such assessment should be unenforceable.

History

(Amended by Ord. 368-82, App. 7/30/82)

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