§ 70-12. Payment of assessments.  


Latest version.
  • (a)

    Assessment notice. Upon completion of the work or improvement for which a special assessment is levied and upon certification by the village manager or designee that such work or improvement has been completed, the village clerk-treasurer shall bill the property owner by invoice for the full amount of the assessment. Such invoice shall notify the owner that he or she may elect within 30 days of the date of the invoice to pay such amount in full without interest or to pay by installments with interest as provided in subsection (c) of this section.

    (b)

    Cash payment. Payment of the assessment shall be made to the village clerk-treasurer on or before the expiration of 30 days from the date of the assessment notice, without interest. If the amount is not paid within 30 days, and the taxpayer does not notify the village, the full amount of the assessment shall be placed on the tax roll in ten equal installments, one-tenth each year, plus interest on the unpaid balance.

    (c)

    Installment payment. If the property owner should so elect, payment of the full assessment may be made in installments according to the installment plan set out in the special assessment report adopted by the village board. On the installment plan, the full principal amount of the assessment shall be paid in equal annual installments, plus the interest on the unpaid balance. The first installment shall be due and payable at the same date that real estate taxes are due and payable for the current year. The first installment shall include the interest commencing with the date shown on the assessment notice. The remaining annual installments shall be due and payable at the same date that real estate taxes are due and payable for each successive year thereafter. Each remaining installment shall include the interest on the unpaid balance to the year of payment.

    (d)

    Prepayment. If the property owner should so elect, payment in full of the unpaid balance with interest to date of payment, may be paid at any time before the final installment becomes due.

    (e)

    Interest. Interest shall be one percent over the initial borrowing cost of the village to finance the project.

    (f)

    Customer contributions.

    (1)

    Advance contributions. Where the village board has determined that the density of prospective customers does not warrant immediate assessment for water mains, sanitary sewer mains and storm sewer mains, the total cost of the extension will be determined and the total cost will be divided among the applicants for the extension and collected from them in advance as contributions for the extension.

    (2)

    Reimbursement. As additional customers outside of the property for which the total cost of extension has been collected are connected to a water main, sanitary sewer main or storm sewer main originally paid for by the applicant's contributions, the village will require, as a condition of service that each additional customer pay to the village an amount equal to the special assessment he or she would have paid at the time of the installation. Such amounts will be retained by the village and distributed periodically, when sufficient in amount to warrant distribution, to the then current owners of the property which was subject to the original customer contribution on a pro rata basis. As an alternative to the distribution method specified in the preceding sentence, the owner of the property subject to the original customer contribution may, by agreement with the village at the time of the original customer contribution, designate the persons to whom the distribution will be made, subject to the terms specified by the village in the agreement. No reimbursement under this subsection shall be collected or paid to contributing customers after ten years from the installation of the extension provided for in subsection (f)(1) of this section, nor shall any reimbursement be made in excess of the amount contributed.

    (3)

    Alternative. As a complete alternative to the procedure set forth above, the village may proceed under W.S.A., § 66.0821(2)(a)(2).

    (g)

    Deferring certain assessments; deferred special assessments. Pursuant to W.S.A., § 66.0715(2), the due date of any special assessment levied against property abutting on or benefited by a public improvement may be deferred on such terms and in such manner as prescribed by the village board while no use of the improvement is made in connection with the property. The special assessments shall become due and payable in full within 30 days of completion of any improvements upon the property which cause the property to make use of the improvement for which the special assessment was levied, or upon the sale and transfer of the property, whichever occurs first. The special assessment shall be subject to interest as prescribed by the village board and the interest shall accrue from the date of the assessment notice. The special assessment and interest shall be a lien against the property.

    (h)

    Permits. Prior to the issuance of any building or plumbing permit, the village zoning administrator or designee shall refer the application for a permit to the village clerk-treasurer to determine if a special assessment, customer contribution or a deferred assessment is outstanding against the parcel involved.

(Ord. No. 707, § I, 3-18-03)