PUBLIC IMPROVEMENTS

 

SPECIAL ASSESSMENTS

3.000      Council Authority‑‑Petition by Owners.

(1)  Whenever the council deems it expedient to construct, alter, repair, improve, widen or extend any street, alley, sidewalk, parking, curbing or any part thereof, or to construct, alter or install street lights, or to construct, improve, or repair any sanitary or storm sewer or water line or any part thereof, or to acquire, establish, con­struct or recon­struct any off‑street motor vehicle parking facilities, or to construct, reconstruct or repair any flood‑control facil­ity, or to con­struct, reconstruct, repair, or equip a park, play­ground or neighbor­hood recreation facil­ity, or any local improvement for which an assess­ment may be made on the property specially benefited, for which it is anticipated that special assess­ments will be levied, it shall by motion direct the city engineer or engineer retained by the city to make an investi­gation of such project and to submit a written report contain­ing the information hereinafter speci­fied.(

2)  Whenever the owners of at least 60 percent of the front footage of the abut­ting property in any area consist­ing of at least 300 feet of road, or the owners of at least 60 percent of the prop­erty to be especially benefited, desire to form them­selves into an im­provement dis­trict for the purpose of accom­plishing any of the objec­tives listed in subsec­tion (1) of this section, they may by written petition request the council to direct the city engineer to submit a report as specified in subsection (1) of this section.  The council, if satisfied the petition is signed by the owners of at least 60 percent of the front footage of the abut­ting property or 60 percent of the property to be espe­cially benefited within the district speci­fied in the petition, may pass the requested motion.  The petition referred to herein must be filed with the city administrator not less than ten days prior to any regular meet­ing of the council.

3.005      Report of Engineer.  The city engi­neer or the engineer retained by the city shall file the report with the city administrator within the time specified by the council.  At the discretion of the council the time for filing the report may be extended.  The report shall contain the following:

(1)   A map or plat showing the gen­eral nature, location, and extent of the pro­posed improvement and the land to be in­cluded in the pro­posed improvement dis­trict;

(2)   Estimated cost of the work to be done, including any legal, administrative and engineering costs attributable thereto; pro­vided, however, that where the proposed project is to be carried out in cooperation with any other govern­mental agency, the engineer may adopt the estimates of such agency;

(3)   An analysis of the extent to which the proposed im­provement benefits the entire city and a recommendation as to the method of determining the project costs that will be borne by the entire city.

(4)   The description and assessed value of each lot, parcel of land, or portion thereof, to be specially benefited by the improvement, with the names of the record owners thereof and, when readily available, the names of the contract purchasers thereof;

(5)   A statement of outstanding assessments against property to be assessed.

3.010      Action on Engineer's Report.  After the en­gineer's report has been filed with the city administrator, the council may thereafter by motion approve the report, modify the report and approve it as modi­fied, require the engi­neer to supply addi­tional or different informa­tion for such im­provement, or it may abandon the improvement­

3.015      Resolution and Notice of Hearing.  After ap­proving the engineer's report as submitted or modified, the council shall, by resolution, declare its intention to make such improvement, provide the man­ner and method of carrying out the improve­ment and shall direct the city administrator to give notice of such improvement by posting at the city hall and at two places within the benefited area, and by mailing copies of such notice to the owners to be assessed for the costs of such improvement.  The notice shall be mailed and posted, at least ten days prior to the public hearing on the proposed improvement.  Said notice shall contain the follow­ing:

(1)   A statement describing the pro-posed improvements, the area to be served, and the intention of the council to make such an improvement;

(2)   The place and times at which the engineer's report on the proposed improvement may be examined;

(3)   The date, time, and place of the public hearing on the pro­posed improvement;

(4)   The procedure for presenting objections and remon­strances;

(5)   The estimated total cost of that portion of the project to be financed by assessments to benefited properties. ­

3.020      Hearing and Action on Improve­ment.  If, prior to or during the hear­ing, writ­ten objections are received from owners representing two‑thirds of the area to be assessed, the improvement proceed­ings shall be abandoned and shall not be sub­ject to a further hearing for at least six months, unless the improvement is a sidewalk or an im­provement unanimously declared by the council to be needed at once because of an emergency.  The council, after receiving objec­tions from owners repre­senting not more than two‑thirds of the area to be assessed may adopt or amend the engineer's report and, as amended, adopt the same by reso­lution.  Having by resolution created a local improve­ment district of the area to be benefited by the proposed improvement, the council shall direct, in said resolution or by subsequent action, the city engineer or an engineer retained by the city to prepare detailed plans, specifications, and cost esti­mates for the proposed improve­ment.

3.025      Advertisement and Contract.

 (1)  The council shall review the final plans, specifi­cations and cost estimate and, finding same to be consistent with the prelimi­nary plans and cost estimates adopted in the engi­neer's report, shall by resolution adopt the final plans and specifications, and direct city personnel to construct the propos­ed improve­ments or direct the city administrator to advertise for bids on the project according to the final plans and specifications.  The city shall pro­vide for the bonding of all con­tractors for the faithful performance of any contract let under its authority, and the pro­visions thereof in case of default shall be enforced by action in the name of the city.

(2)  If the council finds, upon open­ing bids for the work of such improvement, that the lowest responsible bid is fif­teen percent in excess of the engineer's estimate, it shall provide for holding a hearing of objec­tions to proceeding with the improvement on the basis of such bid, and it shall direct the city administrator to publish one notice thereof in a newspaper of general circulation in the city.  Notice shall state the purpose, date, time, and place of said hearing.  After the hearing the council shall determine whether said bid shall be accepted or rejected.

3.030      Preliminary Assessment.  After the council by resolution has created a local improvement district, the coun­cil shall direct the city administrator to determine the proposed cost to each property benefited by the improvement.  If as­sessment is to be made prior to construction of the improve­ment said cost determination shall be based upon the esti­mates contained in the engi­neer's report and said determina­tion of pro­posed individual and specific property assess­ments shall be known as the prelim­inary pre-assessment roll.  If assessment is to be made following construction of the im­prove­ment said determination shall be based upon actual con­struction costs and related costs and said determination of proposed individual and specific property assess­ment shall be known as the prelim­inary assess­ment roll.  Notice of such pro­posed assess­ment shall be mailed or per­sonally delivered to the owner of each lot proposed to be assessed, which notice shall state the amounts of assess­ment pro­posed on that property and shall fix a date by which time objections shall be filed with the city administrator.  Such date shall be at least fourteen days from the date of the mailing or per­sonal delivery of the notices.  Any objection filed with the city administrator must state the grounds of the objec­tion.

3.035      Final Assessment.

(1)   The council shall con­sider all objections to the preliminary assessment roll which are timely filed with the city administrator, and after such con­sideration the council shall, by resolution levy, or amend and levy the pro­posed assessments presented by the city administrator.  Said assessments to be then known as either final assessment roll or final pre-ass­essment roll.  Promptly af­ter passage of the resolution levying the final assess­ments, the city administrator shall send by regis­tered or certified mail a notice of final assess­ment to all owners of property being assessed.

(2)  The notice of final assessment shall contain the following:

(a)   A brief description of the improvement;

(b)   The procedure for cash payment or for applying for financ­ing.

(c)  The final assessment levied on property owned by the recipient. 

3.040      Method of Assessment.  The council in adopt­ing a method of assessment of the costs of the improvement may:

(1)   Use any just and reasonable method of determining the extent of any improvement district consistent with the benefits derived;

(2)   Use any method of apportion­ing the sum to be assessed as is just and rea­sonable between the properties deter­mined to be specially benefited;

(3)   Authorize payment by the city of all, or any part of, the cost of any such improvement, when in the opinion of the council the topographical or physical condi­tions, or unusual or excessive public travel, or other character of the work involved war­rants only a partial payment or no pay­ment by the benefited property of the costs of the improve­ment.

3.045      Alternative Methods of Financing.  Nothing contained in sections 3.000 to 3.100 shall pre­clude the council from using any other avail­able means of financing im­prove­ments, including federal or state grants in aid, reve­nue bonds, general obliga­tion bonds, or any other legal means of finance.  In the event that such other means of financing improve­ments are used, the coun­cil may, in its discre­tion, levy special as­sess­ments according to the benefits derived to cover any re­maining part of the costs of the improvement accord­ing to the procedures provided in sections 3.000 to 3.100.

3.050      Remedies.  Subject to the curative provisions of section 3.080 and the rights of the city to reassess as pro­vided in section 3.085, proceedings for writs of re­view and suits in equity may be filed not earlier than 30 days nor later than 60 days after the filing of written objec­tions as pro­vided herein.  A property owner who has filed written objec­tions with the city administrator prior to the con­sideration by the city council of objections to the pre­liminary assess­ments, may have the right to apply for a writ of review based upon the city council exer­cising its func­tions erro­neously or arbitrarily or exceeding its juris­dic­tion to the injury of some substantial right of such owner if the facts supporting such claim have been spe­cifically set forth in the written objections.  A property owner who has filed written objec­tion with the city administrator prior to the con­sideration by the city council of objections to the preliminary assessments, may com­mence a suit for equitable relief based upon a total lack of jurisdiction on the part of the city; and if notice of the improve­ment has not been sent to the owner and if the owner did not have actual knowl­edge of the pro­posed improve­ment prior to the con­sider­ation by the city council of objections to the prelim­inary assess­ments, then the owner may file written objections alleging lack of jurisdic­tion with the city administrator within thirty days after receiving notice or know­ledge of the improvement.  No provision of this section shall be construed so as to lengthen any period of redemption or so as to affect the running of any statute of limita­tions.  Any proceeding on a writ of review or suit in equity shall be abated if proceed­ings are commenced and diligently pursued by the city coun­cil to remedy or cure the alleged errors or defects.

3.055      Lien Records and Foreclosure Proceedings.  After passage of the final assessment resolution by the coun­cil, the city administrator shall enter in the docket of city liens, a statement of the amounts assessed upon each particular lot, parcel of land or portion thereof, together with a des­cription of the improvement, the name of the owners and the date of the assessment resolution.  Upon entry in the lien docket, the amount so entered shall become a lien and charge upon the respective lots, par­cels of land or portions thereof, which have been assessed for such improvement.  All assessment liens of the city shall be super­ior and prior to all other liens or encum­brances on property insofar as the laws of the state of Oregon permit.  Interest shall be charged at the rate of not to exceed ten percent per annum until paid on all amounts not paid within 30 days from the date of the assessment resolution; and, after expira­tion of 30 days from the date of such assessment resolution of the city, provided the owner has not applied for bancroft or other city approved financ­ing, the city may proceed to fore­close or enforce collection of the assess­ment liens in the manner provided by the general law of the state of Oregon; pro­vided, however, that the city may, at its option, enter a bid for the property being offered at a foreclosure sale, which bid shall be prior to all bids except those made by persons who would be entitled under the laws of the state of Oregon to redeem such pro­perty.

3.060      Errors in Assessment Calcula­tions.  Claimed errors in the cal­cula­tion of assess­ments shall be called to the attention of the city administrator, who shall determine whether there has been an error in fact.  If the city administrator shall find there has been an error in fact, he shall recom­mend to the council an amendment to the assessment resolu­tion to correct such error, and upon enactment of such amend­ment, the city administrator shall make the nec­es­sary correc­tion in the docket of city liens and send a correct notice of as­sessment by registered or certified mail.

3.065      Deficit Assessment.  In the event that an as­sessment is made before the total cost of the improvement is ascer­tained, and if it is found the amount of the assessment is insufficient to defray the expenses of the improvement, the council may, by motion, declare such deficit and prepare a proposed deficit assessment.  The council shall set a time for a hearing of objec­tions to such deficit assessment and shall direct the city administrator to publish one notice at least ten days prior to the hearing in a newspaper of general circu­lation in the city.  After such hearing the council shall make a just and equitable deficit assess­ment by resolution, which shall be entered in the docket of city liens as provided by sections 3.000 to 3.100, and notices of the deficit assessment shall be posted and mailed and the collection of the assessment shall be made in accor­dance with applicable sec­tions of sections 3.000 to 3.100.

3.070      Rebates.  If, upon the completion of the im­provement project, it is found the assessment previously levied upon any prop­erty is more than sufficient to pay the costs of such improvements, then the coun­cil must ascertain and declare the same by resolution, and when so declared, the excess amounts must be entered on the lien docket as a credit upon the appropriate assessment.  In the event any assessment has been paid, the person who paid the same, or his legal repre­sentative, shall be entitled to the repay­ment of such rebate credit, or the portion thereof which exceeds the amount unpaid on the original assess­ment.

3.075      Abandonment of Proceedings.  The council shall have full power and authority to abandon and rescind pro­ceed­ings for improve­ments made under sections 3.000 to 3.100 at any time prior to the final comple­tion of such improvements; and if liens have been assessed upon any property under such proce­dure, they shall be canceled, and any payments made on such assess­ments shall be refunded to the person paying the same, his assigns or legal representatives.

3.080      Curative Provisions.  No improve­ment assess­ment shall be rendered invalid by reason of a failure of the engi­neer's report to contain all of the information required by section 3.005, or by reason of a failure to have all of the information required to be in the improvement resolu­tion, the assessment resolution, the lien docket or notices required to be published and mailed, nor by the failure to list the name of, or mail notice to, the owner of any prop­erty as required by sections 3.000 to 3.100, or by reason of any other error, mistake, delay, omission, irregu­larity, or other act, jurisdic­tional or otherwise, in any of the proceed­ings or steps herein specified, unless it appears to the council that the assessment is unfair or unjust in its effect upon the per­son complaining; and the council shall have the power and authority to remedy and correct all such matters by suitable action and proceedings.

3.085      Reassessment.  When any assess­ment, deficit or reassessment for any improvement which has been made by the city has been, or shall be, set aside, annulled, declared or rendered void, or its enforcement restrained by any court of this state, or any federal court having jurisdiction thereof, or when the council is in doubt as to the validity of such assessment, deficit assessment, or reassessment, or any part thereof, then the council may make a reassessment in the manner provided by the laws of the state. 

3.090      Bancroft Bonding Act.  The provi­sions of ORS 223.­205 through 223.295, com­monly known as the Bancroft Bond­ing Act, are adopted and made a part hereof by refer­ence.

3.095      Mailing of Notices.  A notice shall be deemed mailed when it is sent to the owner's address shown in the county assessor's records, to the owner's last address known to the city, or to the owner at "Lafayette, Oregon".

3.100      Segregation of Assessments--Fees.  Whenever an applica­tion has been made under the provi­sions of the Bancroft Bonding Act as adopted in section 3.090 and the appli­cation has been accepted and the payment of the assess­ment has been in fact financed by such procedure, the lien of such assess­ment may be segregated upon the following terms and conditions:

(1)   The property for which the seg­regation is to be made shall have been assessed as a unit and entered ac­cordingly in the docket of liens.

(2)   There shall be no delinquent installments of princi­pal or interest on the assessment of the entire parcel.

(3)   Written application shall be made to the city in such form as may be required, and such applications shall be accompanied by the fees established as provided in this section.  The written appli­cation must be sub­mitted by the owner, mortgagee, or lien-holder of a parcel of real prop­erty that was formed from the partition or other division of the larger tract of real prop­erty against which the assessment was orig­inally levied.  No appor­tionment shall be granted unless the applicant filed a true copy of the deed, mortgage, or instrument creating the new parcel or parcels.

(4)   Apportionment of the assess­ment shall be made by the city administrator and approved by resolution of the city council.  In accomplishing apportionment, the install­ments remaining unpaid shall be prorated among the smaller parcels so that each parcel shall be charged with the per­centage of the remaining installment pay­ments equal to the percentage of the unpaid assess­ment charged to the parcel upon appor­tionment.

(5)  In order to help defray the costs of investigation, preparing legal descriptions, calculating an equitable di­vi­sion of the assessment and making lien docket entries, the city council may by reso­lution establish and from time to time amend a schedule of fees to be paid with any applica­tion filed under this section.  Such fees shall not be refundable if the application is disapproved or the appli­cant withdraws his applica­tion.

 

ADVANCE FINANCING OF PUBLIC IMPROVEMENTS

3.150      Definitions.  The following terms are definitions for the purposes of sec­tions 3.150 to 3.210 and mean as follows:

Advance Financing.  Payment by a developer for installation of one or more public improvements installed pur­suant to sections 3.150 to 3.210 which intervening prop­erty owners may utilize upon reimburs­ing a proportional share of the cost of such public improvement to the developer.

Advance Financing Agree­ment. The agreement between a developer and the city which is authorized by the city council and executed by the city administrator, providing for the installation of and payment for ad­vance financed public improvements.

Advance Financing Reimbursement.  The payment made by an intervening property owner to the city for utilization of an advance financed public improvement.

Advance Financing Resolu­tion. A resolution adopted by the city coun­cil which designates a public improve­ment as an ad­vance financed public improvement and which contains provisions for an advanced financing agreement between the developer and the city.

Developer.  The city, ano­ther munici­pal corporation, an individual, a part­nership, a joint venture, a corporation, or any other entity, without limitation, who bears the ex­pense of construction, pur­chase or installa­tion of an advance financed public improve­ment.

Development.  The real prop­erty owned by the developer.

Front footage.  The linear footage of a lot or parcel owned by an inter­vening prop­erty owner which is con­tiguous to an ad­vanced financed public improvement and on which the intervening property owner's por­tion of the advance financed reimbursement is calculated.  Front footage shall be the amount shown on the most recent county tax assessor maps for the intervening property or, in the event such information is not available, any other reason­able method established by the city engineer for calculating front footage.  Front footage excludes the front footage of property owned by the city, including rights-of-way but includes the development.

Intervening property.  The real prop­erty contiguous to or served by an ad­vance financed public improvement but not includ­ing the development or public rights-of-way.

Owner.  The fee holder of record of the legal title to an intervening property or the purchaser under a recorded land sales con­tract.

Public improvement.  Any construc­tion, reconstruction or upgrad­ing of a water, sanitary sewer or storm sewer line, public street (including bicycle lanes) or sidewalk or undergrounding of public utilities.

Utilize.  To apply for a building permit which will use or increase the use of an advance financed public improvement, to connect to an advance financed public im­provement, or to other­wise increase the use of an advance financed public improvement.

"Increase the use" means:

(1)   For sanitary sewer or storm sewer lines:  to make a physical change requiring a building or development permit on the intervening property which increases the volume discharged into the line.

(2)   For water lines:  to make a physical change requiring a building or devel­opment permit on the intervening property which increases the amount of water used.

(3)   For public streets:  to make a physical change requiring a building or devel­opment permit on the intervening property which increases the trips on the street or creates a new entrance onto the street.

3.155      Application.

(1)  An application shall be required from a devel­oper for city council approval of ad­vance financing of public improvements.  The application may be submitted before or after installation and acceptance of the ad­vance financed public improvement by the city.  The appli­cation shall be accompanied by a fee estab­lished by reso­lution sufficient to cover the cost of admin­istrative review and notice pursuant to sections 3.150 to 3.210.

(2)  The application shall include the following:

(a)   A description of the loca­tion, type, size and cost of the public improvement to be advance financed.

(b)   A map showing intervening properties, front footage of inter­ven­ing properties, the development, and a list of intervening property owners with current mailing addresses.

(c)   The estimated reimburse­ment amount from each intervening property.

(d)   The estimated date of instal­lation if it's a pre-installation applica­tion or the date the city accepted the public improvement if it's a post-installa­tion application.

(e)  The estimated cost of the public improvement if it's a pre-in­stal­lation application or the actual cost of the public improvement as deter­mined by receipts, invoices and other documents satisfactory to the city engineer if it's a post-installation application.

(3)  The application may be submit­ted to the city prior to the installation of the public improvement but not later than 180 days after such installation.  The city administrator may grant one 90-day extension prior to the expiration of the 180-day period for good cause.

3.160      Report.  Upon receiving the appli­cation, the city administrator shall review the advance financing proposal and submit a report to the city council for its review and discussion at a public hearing.  The report shall include a map showing the location and front footage of intervening properties and the development.  The report shall also include the city engineer's analy­sis of whether the estimated actual cost of the public improve­ment is reasonable, the esti­mated advance financed reimbursement due from each inter­ven­ing property owner, and whether the public improvements will or have met city standards.

3.165      Public Hearing.  Within a reasonable time after the city administrator has com­pleted the report required in section 3.160, the city council shall hold an informational pub­lic hearing in which any person shall be given the oppor­tunity to comment on the proposed advance financed public improve­ment.  Because an advance financed public improve­ment does not result in an assess­ment or lien, the pub­lic hearing is for infor­mational purposes only and is not subject to manda­tory termination because of remon­strances.  The city council has the sole dis­cretion after the public hear­ing to decide whether an advance financing resolution shall be adopted.

3.170      Notification of Public Hearing.  Not less than 10 nor more than 30 days prior to any public hearing held pur­suant to sections 3.150 to 3.210, the developer and all interven­ing property owners shall be noti­fied of the public hearing and its purpose. Such notification shall be accom­plished by either regular mail or personal service.  If notification is accomplished by mail, notice shall be effective on the date that the letter of notifica­tion is mailed.  Failure of the developer or any intervening property owner to be so notified shall not invalidate or otherwise affect any advance financing reso­lution or the city coun­cil's action to approve the same.

3.175      Advance Financing Resolutions and Agreements.  After the public hearing held pursuant to section 3.165, if the city coun­cil desires to proceed with an ad­vance financed public improvement, it shall pass an advance fi­nanced resolution.  The resolution shall state whether the public improvement is installed.  The resolution shall designate the advance financed improve­ment(s) and provide for advance financed reimbursement by interven­ing property own­ers pursuant to sections 3.150 to 3.210.  When the devel­oper is other than the city, the advance fin­ancing resolution shall instruct the city administrator to enter into an agreement with the developer pertaining to the advance financed public improvements.  The agree­ment shall contain the following provisions:

(1)   The advance financed public improvements shall meet all appli­cable city standards.

(2)   The total advance financed reimbursement shall not exceed the actual cost of the public improve­ments.

(3)   The developer shall guaran­tee the advance financed public improvement for a period of 18 months from the date of ac­ceptance by the city.

(4)   The developer shall indem­nify and hold harmless the city from any and all losses, claims, damage, judgments or other costs or expense associated with the advance fin­anced resolution and agreement.

(5)   The developer shall acknow­ledge that the city is not obligated to collect the advance financed reim­bursement from inter­vening property owners.

(6)   Other provisions as the city council determines necessary and proper to carry out the provisions of sections 3.150 to 3.210.

(7)   If the public improvement is not installed at the time the resolu­tion is adopted, the city administrator shall not enter into the agreement until such time as the city accepts the public improvement.

3.180      Notice of Adoption of Resolution.  The city shall notify all intervening property owners and the developer of the adoption of an advance financing resolution.  The notice shall include a copy of the reso­lution, the date it was adopted and a short expla­nation of sections 3.150 to 3.210.

3.185      Advance Financed Reimbursement.

(1)   An advance financed reim­bursement shall be imposed on all interven­ing properties, at such time as an interven­ing property owner or agent, employee or inde­pendent contractor or the intervening property owner, utilizes the advance financed improve­ments.

(2)   Reimbursement Rate.  The inter­vening property owner shall be liable for the advance financing reimbursement calcu­lated as follows:

(a)  The actual cost of the advance financed public improve­ment, increased by nine percent annual simple interest from the date of exe­cution of the advance financed agreement, or such other percent­age that the city council may spe­cify in the advance financing reso­lu­tion, multi-plied by the percentage of front footage of the total front footage of intervening property owned by the intervening property owner.

(b)  If the city council deter­mines that a particular intervening property owner is inequitably treated under the formula above, it may modify the reimbursement on a case‑by‑case basis for any inter­vening property owner.

(3)   Collection.  The advance financed reimbursement is immediately due and payable to the city by intervening prop­erty owners upon utilization of an advance financed public improvement.  If connection is made or construction commenced without required city permits, then the advance financed reimbursement is immediately due and payable upon the earliest date that any such permit was required.  No city permit of any kind for the intervening property shall be issued until the advance financed reimburse­ment is paid in full.

(4)  Public Hearing for Unpaid Advance Financed Reimbursement.  When­ever the full advance financed reimburse­ment has not been paid and collected for any reason after it is due, the city administrator shall report to the city council the amount of the uncollected reimbursement, the legal descrip­tion of the intervening property on which the reimbursement is due, the date upon which the reimbursement was due and the interven­ing property owner's name or names.  The city council shall then, by motion, set a public hearing date and direct the city administrator to give notice of that hear­ing to each of the identified intervening property owners, to-gether with a copy of the city administrator's report concerning the unpaid advance financed reimbursement.  Such notice may be either by certified mail or personal service.  At the public hearing, the city council may accept, reject or modify the city administrator's report.  If the city council accepts or rejects the city administrator's report and determines that the advance financed reimbursement is due but has not been paid for whatever reason, the city may take any action including all legal or equitable means necessary to collect the unpaid amount.  An unpaid advance financing reimbursement shall prohibit any issuance of permits by the city for the intervening prop­erty.

3.190      Payment to Developer.  Developers shall receive all advance financed reimburse­ment collected by the city for their advance financed public improve­ments. Such reim­bursement shall be deli­vered to the developer for a period of 10 years from and after the date the advance financing agree­ment has been executed.  Such pay­ments shall be made by the city within 90 days of receipt of the reimburse­ments.

3.195      Recording.  The advance financing resolution and agreement shall be recorded by the city in the Deed Records of Yamhill County, Oregon.  Failure to record the resolution and agreement shall not affect the legality of an advance financ­ing resolution or agreement.

3.200      Public Improvements.  Public improvements installed pursuant to advance financing agreements shall become and remain the sole property of the city. 

3.205      Multiple Public Improvements.  More than one public improvement may be the subject of an advance financing agree­ment or resolution.

3.210      Other Fees and Charges.  The advance financing reimbursement is not intended to replace or limit, and is in addition to, any other existing fees or charges collect­ed by the city.

3.220      Definitions

City:  The city of Lafayette, Oregon.

Person:  Individual, corporation, association, firm, partnership, joint stock company, and similar entities.

Public rights-of-way:  Include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including subsurface and air space over these areas.

3.225      Jurisdiction. The city of Lafayette has jurisdiction and exercises regulatory control over all public rights-of-way within the city under the authority of the city charter and state laws.

3.230      Scope of Regulatory Control.  The city has jurisdiction and exercises regulatory control over public right-of-way whether the city has a fee, easement, or other legal interest in the right-of-way.  The city has jurisdiction and regulatory control over each right-of-way whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means.

3.235      City Permission Requirement.  No person may do work in, occupy or encroach on a public right-of-way without the express permission of the city received in writing.  The city grants permission to use rights-of-way by franchises, licenses and permits.

(a)   Permission to use rights-of-way shall be obtained solely through the city administrator’s office.

(b)   The city administrator may impose such standards as are necessary to maintain the condition of city rights-of-way as are necessary in the circumstances.

(c)   Weight limits for certain public ways may be set by the city administrator which are consistent with the condition, construction characteristic and load bearing ability of a public right-of-way.

3.240      Failure to Repair or Restore Right-of-way--Violation.

(1)   Any person, contractor, survey-or, permitee or licensee who excavates, drills, bores, or does any such work on, or to, any street or sidewalk on a public right-of-way in the city shall restore at his/her expense the street and sidewalk in a manner satisfactory to the city.  Failure or refusal to get a permit and failure to properly restore the street or sidewalk is hereby declared to be a Class “C” violation.

(2)   Any person who places or permits the placement of debris (dirt, rock, or other material which adversely affects the roadway or endangers traffic) on the right-of-way shall wash, sweep or otherwise remove said debris from the street.  Failure or refusal to wash, sweep or remove debris is hereby declared to be a Class “C” violation.

[Amended by Ordinance 612 on Dec. 10, 2010]

3.245  Obligations of the City.  The exercise of jurisdiction and regulatory control over a public right-of-way by the city is not official acceptance of the right-of-way, and does not obligate the city to maintain or repair any part of the right-of-way.

 

STREETS, SIDEWALKS AND PUBLIC PLACES

3.250      Installation or Excavation--Permit Required.

(1)  No person, firm, or corporation shall drill any holes in or cut any city street or sidewalk, engage in any ex­cava­tion, grading, surfacing, or paving operation or activity in the city, or install or construct any sanitary sewer, storm sewer, water main or pipeline, or any other public utility or public improvement in the city without first securing a permit therefor from the city administrator or his designee.  Permits will be issued only upon approval by the city engineer of plans, profiles, and specifications for the proposed construc­tion.

(2)  The fee for each permit issued under the provisions of sections 3.250 to 3.280 shall be set by resolution of the council and shall be due and payable at the time of the permit.  In addition to the permit fee, there shall be a charge to cover the costs of plan review and inspection of the work by the city to assure compliance with city standards and specifica­tions, an amount to be set by the city based on the estimated construction costs as deter­mined by the city engineer or his desig­nee.  The city shall keep accurate records of the time and costs incurred in such review and inspections, and upon completion of the project, and its acceptance by the city, any amount remaining in the inspection charge shall be refunded to the permitee.  Any cost incurred by the city in excess of the amount of the inspection charge shall be billed to the permitee and shall be due and payable prior to approval and acceptance of the project by the city.  Time spent in plan review and inspection shall be billed at an hourly rate to be set by the city.

(3)   Sections 3.250 to 3.280 shall not apply to duly franchised utilities whose opera­tions are controlled by franchise ordi­nances adopted by the city.

(4)   Sections 3.250 to 3.280 shall not apply to contractors perform­ing work under a contract let by the city.  Work of such con­tractors shall be governed by the conditions of such con­tract.

3.260      Standards.  All street, sanitary sewer, storm sewer, water main and pipeline construction and any other con­struc­tion within streets in the city shall be in accor­dance with the "Standard Specifications for Public Works Construc­tion" as published by the Oregon Chapter of the American Pub­lic Works Association or in accordance with any special pro­visions established by the city engineer.

3.265      Street Sections and Construction Details.  Standard street sections and stan­dard construction details shall be as specified in city's standard drawings.  No devia­tion from these standard drawings will be allowed without the approval of the city engineer.

3.270      Engineer's Approval in Phases. Each phase, layer, or source of work shall be approved by the city engineer prior to the place­ment or construc­tion of any subsequent phase, layer, or course.  Failure to comply with this section shall be cause for requiring the removal and replace­ment of that phase, layer, or course which was placed without approval of the preceding course. 

3.275      Contractor‑‑Appointment of Pro-ject Superin­tendent.  A street contractor shall employ competent and experienced workmen and foremen and for each project or con­tract shall designate a project superinten­dent who will be responsible for coordinating with the city on all aspects of the work.

3.280      Contractor‑‑Submission of Plans.

(1)  A street contractor, or the per­son, firm, or corporation employing the street contractor, shall be respon­sible for the prep­aration of, and submission to the city for approval, all plans and specifications covering any work in any city street.

(2)   These plans and specifications are to be prepared by, and bear the seal of, a regis­tered professional engineer.  All grade, line, and other control stakes shall be set by this engineer or his duly authorized represen­ta­tive.

 

STREET/UTILITY DESIGN AND CONSTRUCTION STANDARDS

3.300      Street/Utility Design and Construction­ Standards Adopted.  This section establishes and provides specific, technical direction for the design and con­struction of all streets and associated utility projects within the city.  The adoption of these standards provides a compre­hensive set of design and construction practices that should guarantee the delivery of high-quality improvements to the citizens of Lafayette.  These street/utility design and construction standards shall be adopted by, and may be amended by, resolution of the council.  These standards shall be known as the “City of Lafayette Public Works Design Standards”.  The Public Works Design Standards are on file under separate cover at city hall.  A fee required by said standards shall be established by resolution of the city council.  Fees now adopted shall continue until amended or repealed by council action.

[Section 3.255 repealed by Ord. 612 on Dec. 10, 2010]

 

SIDEWALK MAINTENANCE

3.350      Definition of "Sidewalk."  "Side-walk" means the part of the street right-of-way between the curblines or the lateral lines of a roadway and the adjacent property lines as have been improved to City standards, and includes a culvert located in a part of the street.

3.355      Repair of Sidewalks.  It is the duty of the owner of land abutting a sidewalk to maintain at his expense the sidewalk in good repair and safe condition.

3.360      Liability for Sidewalk Injuries.

(1)  The owner of real property abut­ting a sidewalk is liable to any person injured because of failure by the owner to maintain the sidewalk in good repair or safe condition.

(2)  If the city is required to pay damages for an injury to any person caused by the failure of an owner to maintain a side­walk in good repair or safe condition, the owner shall reimburse the city for the amount of the damages thus paid, and for the attor­ney fees and costs of defending against the claim for damages.  The city may maintain an action in court to enforce the provisions of this section.

3.365      Standards and Specifications. Sidewalks shall be constructed, altered, and repaired in accordance with the standards and specifications contained in the Public Works Design Standards, as amended, which standards have been adopted by resolution of the council pursuant to Ordinance 483. [Amended by Ord 499 on Sep 10, 1998]

3.370      Submission of Plans.  No person shall construct, alter, or repair a sidewalk without first submitting the plans and specifi­cations for the proposed work and obtaining a permit.  The application for a permit shall be made to the city administrator.  The fee for such permit shall be established by resolution of the city council, and shall include the cost of inspection as specified in section 3.375.  The city administrator may issue a permit for the proposed work upon finding that the plan conforms with the applicable standards and specifications.

[Amended by Ord. 612 on Dec. 10, 2010]

3.375      Supervision of Work.  The construc­tion, alteration, or repair of sidewalks shall be under the supervision of the public works superintendent.  The public works director may inspect materials and construction details that in the public works director's judgment may be necessary to ensure com­pliance with the plans and the applicable standards and specifications.

3.380      Notice to Construct, Alter, or Repair Sidewalk.

(1)  When the council determines that a sidewalk needs construction, alteration, or repair, it shall by resolution direct the city administrator to issue a notice.

(2)  The notice shall require the owner of the property abutting the sidewalk to complete the work within 60 days after ser­vice of notice.  The notice shall also state that if the work is not completed by the owner within the 60 days, the city reserves the right to complete it and assess the cost against the property abutting the sidewalk.

(3)  The city administrator shall cause a copy of the notice to be served personally upon the owner of the property abutting the sidewalk, or the notice may be served by registered or certified mail, return receipt requested.  If after diligent search the owner is not discovered, the city administrator shall post a copy of the notice in a conspicuous place on the property, and the posting shall be considered to have the same effect as per­sonal service of notice upon the owner of the property.

(4)  The person serving the notice shall file with the manager a return of service, reciting the time, place, and manner of ser­vice.

3.385      City May Construct, Alter, or Repair Sidewalk.  If the sidewalk alter­ation or repair is not completed within 60 days after service of the notice, the public works director may complete it if so directed by the council.  On completion of the project, the public works director shall submit a report to the council containing an itemized state­ment of costs.

3.390           Assessment for Sidewalk Work Done by City.  After receipt of the report, the council, by ordinance, shall assess the cost of the work against the property abutting the sidewalk.  The assessment shall be a lien against the property and may be levied and collected in the same manner as is provided for in the city's general local im­provement assessment procedures.

3.395           Sidewalk Construction Requested by the Property Owner.  If a prop­erty owner petitions the council for an order to build a sidewalk on the part of the street abutting on his or her property, agrees to pay cash or to make application to pay the cost in install­ments as provided by ORS 223.205, waives the right of service and publication of notice of construc­tion, and consents to the assessment of the property upon which the sidewalk abuts, the council may order the construction of the sidewalk.

 

PARK PERMITS

3.396      Park permits.          The City Administrator shall be authorized to issue a temporary permit for the exclusive use by any individual, corporation, group, association, company or family to use all, or any part, of a city park, or the facilities in a city park, for a company or family picnic, a special program, a community event, a class or training program, or other event which, in the opinion of the City Administrator, would serve any recreational or educational purpose for which the city’s park system is intended.  Application for a park permit shall be on a form approved by the City Administrator.  The application form shall describe the area in the park and/or the park facilities being reserved by the permit for the exclusive use of the applicant.  Notice of any such restricted use area and/or facilities may be given by posting the permit at the park or having the signed application in the applicant’s possession while the park and/or facilities are in use.  Interference with the exclusive right to use all, or any part of a park, or park facilities, pursuant to a valid park permit, after being given proper notice of the permit, shall be a Class B violation and the offending person may be required to leave the park until the permit expires.

3.397      Park Permit Fee.     A fee of $100 shall be paid in advance by the applicant for a park permit, unless the fee is waived by the City Administrator.  The fee, or any part of it, may be waived for any applicant that is a government or non-profit agency.  The first $50 of the fee, if any, is non-refundable.  The balance, if any, shall be refundable to the applicant, but only if the park and/or park facilities are left by the applicant in the same, or better condition than they were found when the permit was issued.  Any litter, garbage, vandalism, damage to the park or landscaping, damage to park facilities, or any other such problem resulting from use pursuant to a park permit shall result in all of the deposit becoming non-refundable.  After documenting in writing on the city’s copy of the park permit the nature of the problem resulting in forfeiture of the refundable part of the deposit, the city may keep all of it as a non-exclusive means of cleaning up the park, repairing the damage, or curing the problem. 

 

REIMBURSEMENTS FOR IMPROVEMENTS

3.400   Purpose.         The purpose of this Chapter is to provide a mechanism where property owners who benefit from the construction of public improvements by another person will share in the cost of those improvements through payment of a reimbursement fee at the time of connection or initiation of development activity that would otherwise require extension of public utilities and transportation improvements per the Lafayette Zoning & Development Ordinance (LZDO).   This Chapter provides a mechanism for the City to examine the improvements which are constructed, their cost, and the properties which are specially benefited by them, and will provide a reasonable method of apportioning the reimbursable costs among benefited property owners.  The purpose of this Chapter of the Municipal Code is not to encourage development, but to ensure that development pays for its share of benefits.

3.401   Definitions.    The following terms are definitions for the purposes of this section:

Applicant means a person, a defined above, who is required or chooses to finance some or all of the cost of a street, water or sewer improvement which is available to provide service to property, other than property owned by the person, and who applies to the city for reimbursement for the expense of the improvement.  The “applicant” may be the city.

City means the city of Lafayette.

City Engineer or Engineer means the person holding the position of city engineer or any officer or employee designated by that person to perform duties stated within this section.

Front Footage means the linear footage of a lot or parcel owned by an property owner which is served by a reimbursement district public improvement and on which the property owner’s portion of the reimbursement is calculated.  Front footage shall be the amount shown on the most recent county tax assessor maps for the property or, in the event such information is not available, any other reasonable method established by the city engineer for calculating front footage.  Front footage excludes the front footage of property owned by the city, including rights-of-way, but includes the development.

Parcel of Land or Parcel means a platted lot or any other tract of land which is occupied or may be occupied by a structure or structures or other use, including the yard and other open spaces required under the LZDO, or reasonably attributable to an existing or proposed use.

Person means a natural person, the person’s heirs, executors, administrators, or assigns; a firm, partnership, corporation, association or legal entity, its or their successors or assigns; and any agent employee or any representative thereof.

Property Owner means the owner of the title to real property or the contract purchaser of real property of record as shown on the most recent assessment roll in the office of the County Assessor.

Public Improvement means any construction, reconstruction or upgrading of  water, sanitary sewer or storm sewer lines or appurtenances thereto, public streets (including bicycle lanes) or sidewalks or undergrounding of public utilities.

Reimbursement Agreement means the agreement between an applicant and the city which is authorized by the city council and executed by the city administrator providing for the installation of and payment for reimbursement district public improvements.

Reimbursement District means the area which is determined by the city council to derive a benefit from the construction of street, water or sewer improvements, financed in whole or in part by the applicant and includes property which has the opportunity to utilize such an improvement.

Reimbursement Fee means the fee required to be paid by a resolution agreement. The city council resolution and reimbursement agreement shall determine the boundaries of the reimbursement district and shall determine the methodology for imposing a fee which considers the cost of reimbursing the applicant for financing the construction of a street, waste or sewer improvement within the reimbursement district.

Sewer Improvement means a sewer system or sewer line improvement and related pumping facilities (located within public right-of-way and/or City utility easement) which is designed, constructed, and installed in accordance with City design and construction standards, including but not limited to extending a sewer line to property, other than property owned by the applicant, so that sewer service can be provided for such other property without further extension of the line.

Street Improvement means a street or street improvement (located within public right-of-way) which is designed, constructed, and installed in accordance with City design and construction standards, including but not limited to streets, storm drains, curbs, gutters, sidewalks, bike paths, traffic control devices, street trees, lights and signs and public right-of-way. 

Storm Drainage Improvement means a storm sewer line (other than along a Street Improvement) or artificial drainageway or improvement (located within public right-of-way and/or City utility easement) which is designed, constructed, and installed in accordance with City design and construction standards, including but not limited to extending a storm line to property, other than property owned by the applicant, so that storm drainage service can be provided for such other property without further extension of the facility.

Water Improvement means a water system or water line improvement (located within public right-of-way and/or City utility easement) which is designed, constructed, and installed in accordance with City design and construction standards, including but not limited to extending a water line to property, other than property owned by the applicant, so that water service can be provided for such other property without further extension of the line.

Utilize means to apply for a building permit which will use or increase the use of a public improvement, to connect to a public improvement, or to otherwise increase the use of an improvement.

3.405    Application for a Reimbursement

(1)        Any person who is required to or chooses to finance some or all of the cost of a street, storm, water or sewer improvement which is available to provide service to property, other than property owned by the person, may, by written application filed with the city engineer, request that the city establish a reimbursement district.  The street, storm, water and sewer improvements must include improvements in a size greater than those which would otherwise ordinarily be required in connection with an application for permit approval and must be available to provide service to property other than property owned by the applicant.  Examples include, but shall not be limited to, off-site sidewalks, connection of street sections for continuity, and extension of water, sewer and storm lines.  Improvements, or portions thereof, determined to be eligible for SDC Credits, or other reimbursement, are excluded.

(2)        The city may also initiate formation of a reimbursement district, which initiation shall not be subject to the provisions of paragraph (4) of this section. 

(3)        The application shall include the following:

a) Detailed plans showing the actual location, nature, and extent of all improvements for which a reimbursement fee is sought.  These plans shall be used to determine the basis of the reimbursement fee,  except that final approved as-built plans shall be used for applications submitted after completion of construction;

b) The parcels of property identified by tax lot number which the applicant asserts are specially benefited by the improvements, and from which a reimbursement fee is sought;

c) The name and mailing address of the owner of each parcel identified in paragraph b) of this subsection, according to the County Assessor's most recent property tax assessment rolls;

d) Detailed engineering estimates and material costs. These estimates shall be used to determine the basis of the reimbursement fee, however, the actual reimbursement fee shall be based on the developer's actual incurred costs as indicated by detailed invoices for labor and materials devoted exclusively to the improvements for which a reimbursement fee is sought to be established.  Costs shall not include any amount of "profit" or "overhead" of the person making the application, nor any costs for repair of defective work constructed by the developer.  The applicant shall certify the accuracy of the costs which are submitted to the City and that the applicant has actually paid or financed such costs.  The applicant shall have the burden of establishing and documenting the cost of improvements.  Should the City Engineer determine the contract amounts exceed prevailing market rates for a similar project, the reimbursement fee shall be based upon market rates.  No more than 15% of the total eligible construction cost shall be creditable for survey, engineering, construction management, and administrative costs.  No more than 3% of the total eligible construction cost shall be creditable for legal and financial costs;

e) Any other relevant information required by the City Engineer; and

f) A non-refundable application fee as established by Council resolution.

(4)           The application may be submitted to the City prior to the installation of the public improvement but not later than 180 days after completion and acceptance of the street, water or sewer improvements.  However, the City Administrator shall have the discretion to waive this requirement upon a showing by the applicant of good cause for the delay.

 

3.410   Engineer’s Report.

(1)           The City Engineer shall review each application for the establishment of a reimbursement district and shall determine whether a reimbursement fee should be established.  The City Engineer's recommendation to the City Council shall be in writing and shall address the following factors:

a) The extent to which the improvements have relieved another person(s) of the future requirement to construct all or a portion of the same improvements;

b) The area or parcels which are specially benefited by the improvement, and whether or not such parcels would, as a condition of future development be required to construct all or any portion of the same improvement for which a reimbursement fee  is sought;

c) That portion of the cost of the improvement within the area of the proposed reimbursement district which is appropriate for reimbursement by the owners of property identified in paragraph b) of this subsection;

d) A rational formula for apportioning the cost of the improvement among properties within the proposed reimbursement district;

e) The results of applying the formula referred to in paragraph d) of this subsection to the parcels identified in paragraph b) of this subsection, which becomes the proposed reimbursement fee.

(f)       A map showing the properties to be included in the proposed reimbursement district; the zoning district for the properties; the front footage or square footage of said properties, or similar data necessary for calculating the apportionment of the cost; and the property or properties owned by the applicant.

(g)        Post-construction:  the date the city accepted the public improvements.  Pre-construction: the estimated date of completion of the public improvements. 

3.415   Amount to be Reimbursed.

(1)        The cost to be reimbursed to the applicant shall be limited to the cost of construction, including the acquisition and condemnation costs of acquiring additional right-of-way outside the development boundaries, the cost of permits, engineering and legal expenses, and the annual fee adjustment fixed and determined by the city council.

(2)        A reimbursement fee shall be computed by the city for all properties which have the opportunity to utilize the improvements, including the property of the applicant for formation of a reimbursement district.  The fee shall be calculated separately for each type of improvement.  The applicant for formation of the reimbursement district shall not be reimbursed for the portion of the reimbursement fee computed for the property of the applicant.            

3.420   Public Hearing.

(1)        Within a reasonable time after the city engineer has completed the report required in section 4.410 of this code, the city council shall hold an informational public hearing in which any person shall be given the opportunity to comment on the proposed reimbursement district.  Because formation of the reimbursement district does not result in an assessment against property or lien against property, the public hearing is for informational purposes only and is not subject to mandatory termination because of remonstrances.  The city council has the sole discretion after the public hearing to decide whether a resolution approving and forming the reimbursement district shall be adopted.

(2)        If a reimbursement district is formed prior to construction of the improvement(s), a second public hearing shall be held after the improvement has been accepted by the city.  At that time, the city council may modify the resolution to reflect the actual cost of the improvement.

3.425   Notice of Public Hearing.  Not less than 10 nor more than 30 days prior to any public hearing held pursuant to this code, the applicant and all owners of property within the proposed district shall be notified of such hearing and the purpose thereof.  Such notification shall be accomplished by either regular mail or personal service.  If notification is accomplished by mail, notice shall be mailed not less than 13 days prior to the hearing.  Notice shall be deemed effective on the date that the letter of notification is mailed.  Failure of the applicant or any affected property owner to be so notified shall not invalidate or otherwise affect any reimbursement district resolution or the city councils action to approve the same.

3.430   City Council Action.

(1)        After the public hearing held pursuant to subsection 4.120(1) of this code, the city council shall approve, reject, or modify the recommendations contained in the city engineer’s report.  The city council’s decision shall be embodied in a resolution.  If a reimbursement district is established, the resolution shall include a city engineer’s report as approved or modified, and specify that payment of the reimbursement fee, as designed for each parcel, is a precondition of receiving city permits applicable to development of that parcel as provided for in section 4.450 of this code.

(2)        When the applicant is other than the city, the resolution shall instruct the city administrator to enter into an agreement with the applicant pertaining to the reimbursement district improvements.  If the agreement is entered into prior to construction, the agreement shall be contingent upon the improvements being accepted by the city.  The agreement, at a minimum, shall contain the following provisions.

(a)  The public improvement(s) shall meet all applicable city standards.

(b)  The total amount of potential reimbursement to the applicant.

(c)  The total amount of potential reimbursement shall not exceed the actual costs of the public improvement(s).

(d)  The annual fee adjustment shall be calculated based on the Engineering New Record (ENR) 20 cities Construction Cost Index.

(e)   The applicant shall guarantee the public improvement(s) for a minimum period of 12 months after the date of installation, or longer as required by the Lafayette Public Works Construction Standards.

(f)  The applicant shall defend, indemnify and hold harmless the city from any and all losses, claims, damage, judgments, or other costs or expense arising as a result of or related to the city’s establishment of the district.

(g)  The applicant shall acknowledge that the city is not obligated to collect the reimbursement fee from affected property owners.

(h)  Other provisions as the city council determines necessary and proper to carry out the provisions of this code.

(3)        If a reimbursement district is established by the city council, the date of the formation of the district shall be the date that the city council adopts the resolution forming the district.

3.435   Notice of Adoption of Resolution.  The city shall notify all property owners within the district and the applicant of the adoption of a reimbursement district resolution.  The notice shall include a copy of the resolution, the date it was adopted and a short explanation of when the property owner is obligated to pay the reimbursement fee and the amount of the fee.

3.440   Recording the Resolution.  The city recorder shall cause notice of the formation and nature of the reimbursement district to be filed in the office of the county recorder so as to provide notice to potential purchasers of property within the district.  Said recording shall not create a lien.  Failure to make such recording shall not affect the legality of the resolution or the obligation to pay the reimbursement fee.

3.445   Contesting the Reimbursement District.  No legal action intended to contest the formation of the district or the reimbursement fee, including the amount of charge designated for each parcel, shall be filed after 60 days following the adoption of a resolution establishing a reimbursement district.

3.450   Obligation to Pay Reimbursement Fee. 

(1)        The applicant for a permit related to property within any reimbursement district shall pay to the city, in addition to any other applicable fees and charges, the reimbursement fee established by the city council, together with the annual fee adjustment, if within the time specified in the resolution establishing the district, the person applies for and receives approval from the city for any of the following activities:

(a)        To apply for a building permit which will use or increase the use of a public improvement;

(b)        To connect to a public improvement or otherwise increase the use of a public improvement.

(2)       “Increase the use” means:

(a)        For sanitary sewer or storm sewer lines:  to make a physical change requiring a building or development permit which increases the volume discharged into that line.

(b)        For water lines:  to make a physical change required a building or development permit which increases the amount of water uses.

(c)        For public streets: to make a physical change required a building or development permit on the property which increases the trips on the street or creates a new entrance onto the street.

(3)        The city’s determination of who shall pay the reimbursement fee is final.  Neither the city nor any officer or employees of the city shall be liable for payment of any reimbursement fee, annual fee adjustment, or portion thereof as a result of this determination.

(4)        A permit applicant whose property is subject to payment of a reimbursement fee receives a benefit from the construction of street improvements, regardless of whether access is taken or provided directly onto such street at any time. Noting in this code is intended to modify or limit the authority of the city to provide or required access management.

(5)        No person shall be required to pay the reimbursement fee on an application or upon property for which the reimbursement fee has been previously paid, unless such payment was for a different type of improvement.  No permit shall be issued for any of the activities listed in this section of the code unless the reimbursement fee, together with the annual fee adjustment, has been paid in full.  Where approval is given as specified in subsection (1) above, but no permit is requested or issued, then the requirement to pay the reimbursement fee lapses if the underlying approval lapses.

(6)        The date when the right of reimbursement ends shall not extend beyond five years from the district formation date.   Upon application for an extension by the applicant, the city council may, by resolution, authorize up to two (2) five-year extensions of the right of reimbursement under the agreement.

(7)        The reimbursement fee is immediately due and payable to the city by  property owners upon utilization of a public improvement.  If connection is made or construction commenced without required city permits, then the reimbursement fee immediately due and payable upon the earliest date that any such permit was required.  No city permit of any kind for the property shall be issued until the reimbursement fee is paid in full.

(8)        Whenever the full reimbursement fees has not been paid and collected for any reason after it is due, the city administrator shall report to the city council the amount of the uncollected reimbursement, the legal description of the  property on which the reimbursement is due, the date upon which the reimbursement was due and the property owner’s name or names.  The city council shall then, by motion, set a public hearing date and direct the city administrator to give notice of that hearing to each of the identified property owners, together with a copy of the city administrator’s report concerning the unpaid reimbursement fee.  Such notice may be either by certified mail or personal service.  At the public hearing, the city council may accept, reject or modify the city administrator’s report.  If the city council accepts or rejects the city administrator’s report and determines that the reimbursement fee is due but has not been aid for whatever reason, the city may take any action including all legal or equitable means necessary to collect the unpaid amount.  An unpaid reimbursement fee shall prohibit any issuance of permits by the city for that property.

(9)  Failure on the part of the City to collect the reimbursement fee at the time the property owner applies for permits or applications for development will not relieve the property owner of the obligation.  Should an error or omission be discovered, payment of the reimbursement fee will be due upon notification by the City.

3.455  Public Improvements.  Public improvements installed pursuant to reimbursement district agreements shall become and remain the sole property of the city.

3.460   Multiple Public Improvements.   More than one public improvement may be the subject of a reimbursement district.

3.465   Collection and Payment:  Other Fees and Charges.

(1)        Developers shall receive all reimbursement collected by the city for their public improvements.  Such reimbursement shall be delivered to the developer for as long as the reimbursement district agreement is in effect.  Such payments shall be made by the city within 90 days of receipt of the reimbursements.

(2)        The reimbursement fee is not intended to replace or limit, and is in addition to, any other existing fees or charges collected by the city.

3.470  Public Improvements. 

(1) No person may cause, maintain or use a connection to a utility improvement for which a reimbursement district fee has been established and which is due and payable, unless such reimbursement fee has first been paid.

(2) Violation of this section is a civil violation, punishable by a fine not to exceed $500.  Each day that a prohibited connection or use exists constitutes a separate violation.

(3) The remedies provided under this section are cumulative to any other remedies provided by law.

[Amended by Ordinance 612 on Dec. 10, 2010]

3.475   Fees Imposed—Tax Limitations.  The city council finds that the fees imposed by this code section are not taxes subject to the property tax limitations of Article XI, section 11(b) of the Oregon Constitution.

[Sections 3.400-3.475 added by Ord. 568 on March 11, 2004]