Chapter 14.08 — GENERAL PROCEDURE

Objections may be made to ordering acquisitions or improvements, or to grades, or to the assessment or the extent of the assessment district or to any zone therein, or to any supplemental assessment or reassessment, or to the legality of any act or proceedings, or to any change, or to any part of any proceeding, at or before the hour set for hearing thereon. (Prior code § 12-2.101; Ord. 1509-69 § 1, 1969)

Protests shall be in writing, signed by the protestant, contain a description of the property owned by him sufficient to identify same, and state his interest therein and the nature of the protest, and be filed with the city clerk. (Prior code § 12-2.102; Ord. 1509-69 § 1, 1969)

A protest signed by an agent of an owner, must be accompanied by a written authorization of the owner. (Prior code § 12-2.103; Ord. 1509-69 § 1, 1969)

Objections to legality shall specify the illegality and no other illegalities need be considered. (Prior code § 12-2.104; Ord. 1509-60 § 1, 1969)

At any time prior to the time the council acts thereon, protests may be withdrawn by written notice or declaration filed with the clerk, or they may be withdrawn orally in open meeting and entered in the minutes. (Prior code § 12-2.105; Ord. 1509-69 § 1, 1969)

Subject to the provisions of Sections 14.20.010 to 14.20.090, the council, by the affirmative vote of four-fifths of its members, may overrule protests by the owners of more than half the area to be assessed. (Prior code § 12-2.106; Ord. 1509-69 § 1, 1969)

No hearing need be set for a longer period than the time required for giving notice thereof. (Prior code § 12-2.201; Ord. 1509-69 § 1, 1969)

At the hearing the council shall consider and pass upon the protests, may remedy or correct any

irregularity, and may order any improvement or acquisition to be completed according to the plans and specifications and to their satisfaction. (Prior code § 12-2.202; Ord. 1509-69 § 1, 1969)

A hearing may be continued. Where any matter is noticed for hearing and is not acted upon it shall be deemed continued and may be heard at any subsequent meeting. (Prior code § 12-2.203; Ord. 1509-69 § 1, 1969)

When a matter has been heard but is not acted upon, it shall be deemed submitted and may be ruled upon at a subsequent meeting. (Prior code § 12-2.204; Ord. 1509-69 § 1, 1969)

During the progress of the project, the council may make changes in the acquisitions or improvements, the boundaries of the proposed assessment district, or of any zone therein, the assessment, the estimate of costs, or the proceedings. (Prior code § 12-2.301; Ord. 1509-69 § 1, 1969)

All changes shall be made on notice and hearing as herein provided, except changes may be made:

(a) At the hearing on the report, which:

(1) Reduce the total amount of the assessment,

(2) Eliminate a portion of the work or provide a substitution therein without increasing the cost of any assessment by reason thereof or substantially affecting the distribution of benefits from the work, or

(3) Eliminate a portion of the assessment district without increasing the amount of any assessment by reason thereof or substantially affecting the distribution of benefits from the work, or

(4) Exclude territory which will not be benefitted by the improvement without increasing the amount of any assessment by reason thereof; and

(b) At any time after the improvements are ordered and during the pendency of the proceedings, which:

(1) Do not increase the total amount of the assessment, or

(2) Provide for the elimination or addition of work or substitutions therein, though they result in an increase in some assessments, provided that the owners of the property affected request in writing that the changes in the work and in the assessments be made, or

(3) Exclude territory which will not be benefitted by the improvement without increasing the amount of any assessment by reason thereof. (Prior code § 12-2.302; Ord. 1509-69 § 1, 1969)

Where said changes result in extending the boundaries of the assessment district, or of any zone therein, increasing the total amount, or increasing improvements or acquisitions or making substitutions therein, or in the proceedings or procedures, they shall not be ordered except after notice of its intention so to do published by one insertion in the newspaper in which the resolution of intention or notice of improvement was published, describing the proposed changes and specifying the time and place of hearing. (Prior code § 12-2.303; Ord. 1509-69 § 1, 1969)

Excepting as provided in Section 14.08.120, and excepting when an increase in assessment is throughout the district, or an owner has consented in writing to an assessment or an increase therein, notice shall be given by mail to owners of property on which a new assessment is levied or a proposed assessment is increased in amount. (Prior code § 12-2.304; Ord. 1509-69 § 1, 1969)

Protests may only be made against the proposed changes. (Prior code § 12-2.305; Ord. 1509-69 § 1, 1969)

If no protests are made, or are found to be insufficient, or have been overruled, immediately thereon the council may order such changes. (Prior code § 12-2.306; Ord. 1509-69 § 1, 1969)

Said changes may be made upon the face of the plans, specifications, estimate, diagram, assessment or other document affected, or by an amended or supplemental document. (Prior code § 12-2.307; Ord. 1509-69 § 1, 1969)

The lien date of the original assessment shall not be affected by such order. The lien date of such changes shall be the date on which the original assessment was recorded. (Prior code § 12-2.308; Ord. 1509-69 § 1, 1969)

If the first assessment for any project, or if the bonds issued to pay all costs, damages and expenses incurred or to be incurred, including any judgments rendered, or to be rendered, and the costs and expenses of such action or proceedings, or the estimated amount of any thereof, are insufficient, the council may order a supplemental assessment to raise such deficit.

(Prior code § 12-2.401; Ord. 1509-69 § 1, 1969)

Said assessment shall be made and collected in the same manner, as nearly as may be, as the first assessment, or a reassessment may be had therefor, and said proceedings may be repeated until a sufficient money is raised to pay for same. (Prior code § 12-2.402; Ord. 1509-69 § 1, 1969)

Notice shall be given, protests may be made, and said supplemental assessment heard, confirmed and recorded as provided in Sections 14.08.110 to 14.08.180. (Prior code § 12-2.403; Ord. 1509-69 § 1, 1969)

Proceedings for notice, demand and payment shall be had as provided for the original assessment. (Prior code § 12-2.404; Ord. 1509-69 § 1, 1969)

Notwithstanding any provision in any act regarding the manner in which assessments may be determined, the city council may adopt and confirm the assessment as will, in its opinion, best and most equitably apportion the cost of the improvement among the benefitted properties according to benefits received. For this purpose, the district may be divided into zones of benefit. The determination of the council shall be final and conclusive. (Prior code § 12-2.501; Ord. 1509-69 § 1, 1969)