CCP 08-10-1987 - Laserfiche WebLink

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vi f , The council must also decide the number of \ At the' time a deferred assessment becomes - years over wh ich the assessment may be paid by payable, it is divided into a number of installments the property owners, The statutes permit payment such that the last installment will be payable at a over a period of not more than 30 years, but the time determined by the council but not more - assessment should never be payable over a period than 30 years after the levy of the assessment, - longer than the estimated life of the improvement itself, Furthermore, the shorter the period of Interest accrues during the period of deferment, payment, the lower will be the interest cost on the and may be paid either annually during the period special assessment bonds, of deferment or paid during the period when the assessment becomes payable, In the resolution Defe"ed Assessments deferring the assessment, the council may forgive interest for the years during which the assessment Under certai n conditions, the council may is deferred, through December 31 of the year postpone the assessment of part of the cost of before the first installment is due. water, storm sewer, and sewer mains until a later date. This is sometimes done, for example, in the All assessments, for which the payment is following situations: deferred, are a lien on the property upon which ~he assessment was levied. 1. Where some of the affected property is unplatted and undeveloped and later is to Special care must be taken to make buyers be subdivided or otherwise made available aware of deferred special assessments, for building sites. . Under state law, a city is required to file a 2, Where a trunk main cannot be immediately certificate setting forth the legal description of used because of the absence of laterals, property subjected l~ deferred assessments under Even if the assessment is to be postponed, how. the green acres law or under the la'38ermitting deferment for unimproved property, and the . ever, the property to be later assessed must be dollar amounts deferred, included in all hearing notices on the project (see . step No.3 in the discussion "Summary of Steps in If these types of special assessment were de- Special Assessment Proceedings"), Care must be ferred prior to August 1, 1980, the city must have taken to insure that all property which might filed with the county recorder prior to January 1, possibly be served by the main is included in the 1982 a certified list of the affected properties hearing notices so that no property wi~ be given and the amount of the unpaid deferment on free use of the main at some future date. 7 each property. The above procedures' for postponement of The act does not contain a penalty for failure to assessments are generally inadequate, This is carry out these statutory duties, However, it seems because a postponed assessment is not a lien likely that it was intended to permit purchasers against the property and at the time the council and title examiners to rely on the records of decides to certify the postponed assessment, the the county recorder as to encumbrances on proper- procedures summarized above must be followed ty. I n that case, it seems likely that an unrecorded for all property which is to be formally assessed, deferred assessment of these two types will be uncollectible from someone who purchases or The better procedure is t~8defer the assessment, otherwise acqu i res property without actual or This procedure is as follows, ' constructive notice of the deferred assessment, All property which will be benefited by the The irony of this statutory remedy for a very improvement must be included in the proceeding. real problem is that it does not require recording of However, at the meeting of the council at which all or even the most common deferred asse~ments, the assessment is approved, the council may levy The senior citizen deferred assessments 1 and the assessment but defer the first installment deferrals under assessments for trun k sewl:] and . of any assessment levied upon unimproved pro- water lines until laterals permit connection 2 are perty until a designated future year, or until the not required to be filed with the recorder by platting of the property or the construction of present law, Therefore, purchasers and title . improl(ements, upon whatever terms and condi- examiners must still check with city clerks for tions,standards and criteria are established by these kinds of deferred assessments as well as for council resolution, pending assessments if they want to avoid un- -410 - 1:- ..~_._- ---------