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HomeMy WebLinkAbout0958ORDINANCE ..N0. 751 AN ORDINANCE Relating to the construction and reconstruction of sidewalks; charging the cost thereof to the property abutting thereon; providing for notice to owners; providing for the pay- ment thereof by the assessment against the property abutting there- on in accordance with Chap. 203, Session Laws of Washington, 1927, and other laws of the State of ►. ashington. THE CITY COMMISSION OF THE CITY OF PORT ANGELES DOES ORDAIN AS FOLLOWS: Section 1. It shall be the duty of the City Engineer to inspect and report on sidewalks and their condition and to super- vise the repair and reconstruction of the same, and said City Engineer is hereby charged with such duty. Section 2. Whenever a portion or portions less than a block in length of any street in Port Angeles shall not be improved by con -' struction of a sidewalk or the said sidewalk shall have become un- fit or unsafe for public travel and the sidewalks at each end of said portion or portions shall be in good repair, the City Commission may determine that th6 repair or reconstruction of said sidewalks is necessary. In such event, the Commission shall, by resolution, find that the improvement of said portion or portions of streets by the construction of sidewalks is necessary for the public safety and convenience. Section 3. Upon the adoption of the resolution provided and referred to in this ordinance, the duty, burden and expense of constructing and reconstructing said sidewalks shall devolve upon the property directly abutting upon such described portion or portions of streets, and shall be charged thereto and collected by assessment against said property in accordancw with the provisions of Chap. 203, Session Laws of Washington, 1927, and other laws of the State of Washington, and of this ordinance, ,Provided, However, that no such abutting property shall be charged with costs of sidewalk construction or reconstruction under this act in excess of fifty per cent of the valuation of such abutting property, exclusive of improvements thereon, accotding to the valuation last placed upon it for purposes of general taxation. Section 4. Whenever such resolution shall have been adopted by the City Commission, it shall cause a written notice to be served upon the owners of the property directly abutting upon par - tions of streets to be so improved, which notice shall contain sub- stantially the following provisions: (a) Notice instructing the owner to construct or recon- struct a sidewalk on the portions of streets abutting his proper- ty in accordance with plans and specifications attached to said notice. (b) Specify a definite time within which the owner shall per- form such work, which shall be reasonable and conform to the nature of the construction and in no case be less than forty -five days from the date -of- service of the notice. (c) Notice that in case the owner fails to make said con- struction and build said sidewalks as required, and within the time fixed, the City, through and under the supervision of the City Engineer, will proceed to make such construction and build said sidewalks, and charge the expense thereof to the abutting property. (d) Specify a definite date on or before which the Engineer shall report to and file with the City Commission an assessment roll showing the cost of the improvement of the lot or parcel of land . directly abutting on such portions of streets so improved, and the names of the owners, if known. (e) Specify a definite date for the hearing upon said assess- ment roll by the City Commission and state that at said time, or the time or times to which said hearing may be adjourned, the City Commission will consider the assessment roll and the assessments contained therein, hear and consider any and all protests of property owners against the proposed assessment, and finally revise, deter- mine and adopt said assessment roll, assess the cost of the construction, -2- against the abutting property, and determine the time and mode of payment of said assessments. (f) The time allowed and dates fixed in said notice shall provide sufficient time for the construction to be completed. The date for hearing on the assessment roll referred to in para- graph (e) shall be at least twenty days after the date of reporting and filing the assessment 'roll with the City Commission referred to in paragraph (d). Section 5. The notices referred to in Sec. 4 shall be in writing and signed by the City Clerk and the City Engineer. The City Engineer shall prepare plans and specifications for the said sidewalk construction which shall apply to each lot or tract to be so improved and shall so endorse the same and attach a copy thereof to each notice and serve the same therewith. Service of the notice shall be made by and under the super- vision of the_ CityEngineer in accordance with the provisions of Sec. 2, Chap. 203, Session Laws of Washington, 1927. Proof of service of such notice by affidavit of the person actually serving the same and /or the certificate of the City Engineer as to mailing and posting thereof shall be filed with the original copy of said notice with the City Clerk. Section 6. In the event the owner does not make said con- struction and build said sidewalk in conformity with the said notice and within the time fixed therein, the City, on report and through the office of the City Engineer, shall proceed to perform the work required. The City may, in its discretion and an recom- mendation of the City Engineer, let a contract for the performance of all or any part of the work in the same manner as other City Contracts, and in such event bids and estimates shall be made sepa- rately for the construction abutting each parcel or tract of land in order to provide for the assessment of the exact cost of the work as required by law. In the event that any portion of work is not done by contract, the exact cost of all labor, materials and -3- other construction shall be made and kept by the City Engineer in his records for the purpose of making the assessment. Section 7. When the work shall have been completed by the said City and, on or before the time fixed in the notice, the City Engineer shall report and file with the City Commission an assess- ment roll setting forth the descriptions of property abutting such sidewalk improvement, the cost to be assessed against each lot or parcel of land therein set forth and the name of the owner or owners thereof. At the time fixed in said notice, the City Com- mission shall consider the said assessment roll and hear and con- sider the protests of all property owners and shall finally equalize and confirm the roll, fix and assess the cost of the improvement against the property abutting the same as provided by law, and de- termine the time and mode of payment thereof by resolution, where- upon the assessment shall become a lien against the said property. The assessment roll shall thereupon be delivered to the City Treasurer who shall proceed to collect the same in accordance with the laws of the State of Washington providing for the collection of special assessments and the provisions of this ordinance. Section 8. In addition to the notice required in Section 4 of this ordinance, the City Engineer, at least fifteen days before the date of hearing on the assessment roll, shall mail to the owner of each tract or lot of property so assessed a notice stating the amount assessed against each lot or tract for the said sidewalk construction, and the time and place of the hearing thereon before the City Commission. The certificate of the Engineer that the no- tices were so mailed shall be conclusive proof thereof. Section 9. There shall be two modes of payment of the assess- ments for sidewalk construction under this ordinance and the law authorizing the same, to wit: "Immediate Payment" and "Payment by Installments ". Section 10. Immediate Payment. When the cost and expense of such work is to be paid by the mode of "Immediate Payment ", the City Treasurer shall, on receipt -4- of the assessment roll, mail to the owners of the property, as given by the said assessment roll, a notice requiring payment to be made within thirty days from the date of mailing said. notice without penalty, interest or costs, and that unless payment be made within said time, the assessment will become delinquent, and on delinquency, a penalty of five per cent. shall attach to and become a part of all such assessments. Delinquent assessments shall bear interest at the rate of 7 per cent. per annum until paid. Such delinquent assessments, with penalty and interest, shall be collected and the lien thereof be enforced in the manner provid- ed by law and the ordinances of the City of Port Angeles for the col- lection of special and local improvement assessments, including Chap. XXII, Title LX, Remingtdn's Compiled Statutes of 1922, and the laws supplementary and amendatory thereto. Section 11. Payment by Installments. When the cost and expense of the improvement shall be pay- able by installments, the assessments shall be divided into as many equal annual installments, not exceeding ten, as shall have been determined by the City Commission. The City Treasurer, on receipt of the assessment roll, shall mail notices to the owners of the property permitting payment of the entire amount within thirty days after the date of mailing said notice, without interest, pen- alty or cost, and thereafter the said assessment shall be paid in equal annual installments as provided. The first installment, with interest, shall become due and payable during the thirty day period succeeding the date one year after the first notice and call for pay- ment, and annually thereafter, each succeeding installment shall in like manner become due and payable. Interest on all unpaid portions shall be charged at the rate of seven per cent. per annum and a pen- alty of five per cent. levied on all delinquent installments. De- linquent assessments shall bear interest at the rate of 7 per cent. per annum until paid. Such delinquent assessments, with penalty and • interest, shall be collected and the lien thereof be enforced in the manner provided by law and the ordinances of the City of Port Angeles for the collection of special and local improvement assess- ments, including Chap. XXII, Title LX, Remington's Compiled Statutes of 1922, and the laws supplementary and amendatory thereto. Section 12. Whenever on the first day of January of any year two installments of any sidewalk assessment payable in installments shall be delinquent, or the final installment or any assessment made under the mode of "Immediate Payment" shall be delinquent one year, the City of Port Angeles, through its Treasurer and City Attorney, shall proceed to foreclose the same. The foreclosure shall be made in all respects in accordance with the Laws of the State of Washington and the ordinances of the City of Port Angeles relating thereto, including the provisions of Chap. XXII, Title LX of Reming- ton's 1922 Code, and amendments, including Chap. 275, Session Laws of 1927. The foreclosure of such assessments shall be made a part of and included in the proceedings for foreclosure of Local Im- provement Assessments authorized by the laws of the State of V4ash- in gton and the ordinances of the City of Port Angeles. Section 13. Where the construction of said sidewalk is per- formed by the City, the cost shall be paid by warrants drawn upon the fund known as the General Local Improvement District Fund of the City Treasurer and when payments of assessments by install- ments are made thereon, the payments shall be returned to and paid into the said General Local Improvement Fund, together with interest and penalty paid thereon. Section 14. The City Treasurer shall keep a record of the amounts withdrawn from the said fund for the payment of the work done and the cost and expense as charged to each separate tract according to the assessment rolls and shall keep a record of the amounts paid in by the owners of property and the unpaid portions of said assessment rolls in the same manner as other unpaid assessments. -6-- Section 14. A record of the names of owners of the various tracts, lots or parcels of land shall be taken in ''accordance with the latest records of the County Treasurer, together with such other information as to such ownership as gineer in preparing the notices and case shall a mistake in the name of may be secured by the City En- the assessment roll; but in no the owner of any tract be fatal or affect the validity of the proceedings or the lien of the assess- .. ment where the description of the property ,as correct. ,. 14 In all cases where notices are required to be mailed or posted vet, under the state law or this ordinance, the certifica a of the Treas- '� ; - A ,. ' urer, Clerk, Engineer orfother officer cha ?ged with the said duty shall be conclusive c proof that-At • it wae4 performed. . !� t c / 40 4,el Section 15. The powers and provisions_ granted to the City i , under and pursuant to Chap. 203, Session Laws of °the,.State of Wash- ington, 1927, are, by provisions of this ordinance, made effective. Section 16.., This ordinance shall in no respect impair and affect any of the existing powers of the City of Port Angeles with reference to the construction and reconstruction of sidewalks or the maintenance of streets or the making of local or other improve- ments but it is to be exercised concurrent with and in extension to all previous power and authority. Section 17. This ordinance shall take effect and be in force alter its passage and approval from and after thirty days after its lawful publication. Passed first reading by the City Commission, e-6-tn/ A���� � Passed second reading by the City Commission �f iu U - / / 7 / Passed third reading hnd'finally passed and adopted by the City Commission % /V2-4 /r,/ / Approved and signed by the Mayor this 0C-UtT' /9(- /y/ Attest: City Clerk. Approved as to form: City Attorney. Published: -7- Mayor. I 0 T t• r • • /1/(04" I A I • 'r} '. L(} • 4/ 1 • • 3 •• . r