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17.12.130 Segregation of Assessments.

(Amended by Ordinance Nos. 177124 and 182760, effective June 5, 2009.)

A.  A lien against the real property in favor of the City may be segregated on the application of the owner(s), subject to the provisions of this section and any rules adopted by the City Auditor.

B.  Applications shall be made to the City Auditor and shall include:

1.  A legal description of each tract to be segregated;

2.  Documentation demonstrating that each tract to be segregated is a lot or parcel created by a subdivision, partition or other division of the original tract of land in accordance with ORS 92.010 to 92.190, and is consistent with all applicable comprehensive plans;

3.  The names of the owners of each tract, and the name of each person who will own each parcel should the segregation be approved;  and

4.  A full legal description that will be assigned by the County Assessor for each lot or parcel that is created as a result of the segregation.

C.  No segregation shall be made unless each part of the original tract of land after the segregation has a true cash value, as determined from the certificate of the county assessor, of 200% or more of the amount of the lien as to each segregated tract concerned.

D.  The City Auditor shall compute a segregation of the lien against the real property on the same basis as it was originally computed and apportioned and shall record the segregation in the lien docket.  If the original tract has been divided by filing of a condominium plat, the applicant for segregation may propose an alternative, equitable basis for computing segregation of the lien.  The alternative proposed segregation shall be subject to the Council’s approval by ordinance.

E.  No assessment shall be segregated until all outstanding delinquent City liens on the property are brought current.

F.  The City Auditor shall charge a fee for the segregation of assessments.  The fee will be based in part on the number of lots or parcels that result from the segregation.  The segregation fee may be amended from time to time and shall be stated in the Fees & Charges schedule maintained in the Assessments Division of the City Auditor’s office.