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3.122.110 Preparation and Notice of Assessments.

(Amended by Ordinance No. 189413, effective March 6, 2019.)

A.  Following Council adoption of a resolution establishing an Economic Improvement District based on the final Economic Improvement Plan, the Revenue Division shall prepare the proposed assessment for each lot in the District that is a subject property and shall file a proposed assessment ordinance, with a list of proposed assessments attached, with the City Council.  The amount of assessment shall be based on the cost of the economic improvements and the cost of City administration of the Economic Improvement District.

B.  Following preparation of the proposed assessments, the Revenue Division shall mail to the owner of each lot to be assessed a notice containing the following information:

1.  The description of the property being assessed.

2.  The name of the District and whether it is a voluntary or mandatory assessment.  In the case of a voluntary assessment a statement that the property will be assessed unless the property owner specifically requests in writing not to be assessed.

3.  The length of the District and the total cost of the project, the assessment formula, and the amount of the assessment on the property.

4.  The assessment will not change unless the Council finds it exceeds the benefit of the improvements, but the total amount and scope of the improvements and level of services could change to correspond to the amount of money collected.  Further, the scope of the improvements and level of services could change as a result of the testimony.

5.  The time, date and place of the hearing and that the following forms of objection may be filed:

a.  A written objection to being assessed in which case no assessment will be placed on the property if it is a voluntary assessment.  An owner who fails to submit a written objection before or at the public hearing shall be deemed to have made a specific request for the economic improvement service to be provided during the time specified in the assessment ordinance;

b.  An objection to the amount of the assessment on the grounds it is incorrect or exceeds the amount of benefit; and

c.  An objection to the formation of the District.

6.  A written objection may be filed with the Revenue Division prior to the hearing or made orally at the hearing.  An objection to the assessment must explain the reasons the assessment is incorrect or exceeds the amount of benefit.

7.  The assessment is due and payable immediately, and whether it may be paid in installments.  The amount of interest if any and the fact there will be billing charges.  The unpaid balance will become a lien on the property and failure to pay could result in foreclosure.

8.  A voluntary assessment is an incurred charge and is a charge outside the property tax limitation imposed by the Oregon Constitution, Art. XI, §11b.

9.  Property included in the District and assessed cannot be withdrawn from the District and the assessment will continue through the life of the District.

10.  The name and phone number of a City staff person who can answer questions.