32-83-Ordinance Recorded 9/5/1979-s
VOL
1 IN THE BOARD OF COUNTY COMMISSIONERS
2 OF THE STATE OF OREGON
3 FOR THE COUNTY OF DESCHUTES
32 PAGUF 83
4 Proceedings of Seventh )
Mountain County Service ) GENERAL ASSESSMENT ORDINANNCE
5 Distritt )
6 The Board of County Commissioners of Deschutes County, Oregon
7 acting as the governing body of the Seventh Mountain County Service
8 District pursuant to ORS 451.4-85, finds that it is necessary to
9 adopt a general assessment ordinance for the Seventh Mountain
10 County Service District pursuant to ORS 451.495.
11 NOW, THEREFORE, the Board of County Commissioners of Deschutes
12 County, Oregon, acting as the governing body of the SEventh Moun-
13 tain County Service District,hereby ordains:
14 Section 1. Definition of Terms. Whenever the term "owner' is
15 used herein in relation to the ownership of real property, such
16 term shall be held to mean the record holder of the legal title to
17 the land; and the term owner shall include the unit owner of a
18 building unit created pursuant to Unit Ownership prescribed by
19 ORS 91.500 to 91.671 and each unit owner's share of the common areas,
20 except that if there is a purchaser of the land whose interest
21 therein is evidenced by a recorded contract for the sale thereof,
22 then such purchaser shall be deemed to be the "owner".
23
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Page 1- GENERAL ASSESSMENT ORDINANCE
1
2
Whenever the terms "land", or "property" is used in
3 this ordinance such term shall mean, the real property, with
4 or without improvements thereon, held by an owner as that
5 term is herein defined, and located within the boundaries of
6 the improvement district known as the Inn of the Seventh
7 Mountain, excluding only real property owned by the District.
8 Whenever the term "engineer" is used in this ordinance,
9 such term shall be held to refer to the engineer employed by
10 the District to perform services in relation to the facilities
11 for which assessments will be imposed under this ordinance.
12 The term "District" refers to the Seventh Mountain
13 County Service District, or its governing body.
14 Section 2. Initiation of Proceeding and Report from
15 the Engineer. Whenever the District shall deem it necessary,
16 upon its own motion or upon the petition of the owners of
17 one-half of the real property to benefit specially from a
18 public improvement, to be paid for in whole or in part by
19 special assessment according to benefits, the district shall
20 direct the engineer to prepare a report for such project and
21 file the report with the county clerk. Unless the district
22 shall direct otherwise, such report shall contain the follow-
23 ing matters:
24 (a) A plat or map showing the general nature,
25 location and extent of the proposed improvement and the
26 property to be assessed for the payment of all or any
Page 2-GENERAL ASSESSMENT ORDINANCE
VOL 32 PAGE 4
par.hetser--shall be deemed the "ewner.
1 ,
vaL 32 rhu 85
1 part of the cost thereof.
2 (b) An estimate of the probable cost of the
3 improvement, including any legal, administrative and
4 engineering costs attributable thereto.
5 (c) A recommendation as to the method of assess-
6 ment to be used to arrive at a fair apportionment of the
7 whole or any portion of the cost of the improvement to
8 the property specially benefited, which recommendation
9 shall be in accord with the provisions of Section 9 below.
10 (d) An estimate of the cost of the improvement to
11 each of the specially benefited properties derived from
12 applying the recommended assessment method to the
13 estimated cost of the improvement.
14 (e) The description and assessed value of each
15 lot, unit, tract or parcel of land, or property or
16 portion thereof, to be specially benefited by the
17 improvement, with the names of the owners thereof.
18 (f) A statement showing outstanding assessments
19
against
each property
to be assessed.
20
(g)
Any other i
nformation required by the district.
21
Section
3. Action on
Engineer's Plans. After the
22
engineer's pl
ans have been
filed with the county clerk, the
23
district shal
l consider th
e report. The district may approve
24
the report as
submitted or
may modify and approve the report
25
as modified.
The district
may direct the engineer to furnish
26 the district with a further report or information; or on the
Page 3-GENERAL ASSESSMENT ORDINANCE
32 fAGE 86
1 basis of the engineer's report, the district may by motion
2 record its intention to abandon the improvement.
3 Section 4. Declaration of Intention and Notice of Hear-
4 ing. After the district has approved the engineer's
5 report as submitted or modified, the district shall, declare
6 its intention to make the improvement, provide the manner
7 and method of carrying out the improvement, and direct the
8 publication of notice of the hearing by publication in a
9 newspaper of general circulation in the district, and by
10 mailing copies of such notice by certified mail to the
11 owners of the property to be assessed for the cost of such
12 improvement, to the last known address of each owner of
13 property. Notice shall be published and mailed not less
14 than 10 days prior to the hearing. The notice as published
15 and mailed shall contain the following:
16 (a) That the report of the engineer is on file in
17 the office of the county clerk and is subject to public
18 examination.
19 (b) That the district will hold a public hearing
20 if its intention to implement the proposed service
21 facilities and to assess the benefited properties for
22 all the costs thereof; on the date set by the district;
23 and at the public hearing, objections and remonstrances
24 to the implementation of the proposed facilities and to
25 the proposed assessment shall be heard.
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Page 4-GENERAL ASSESSMENT ORDINANCE
VOL 32 PAGE 87
1 (c) That if prior to such hearing, there shall be
2 filed with the Board of County Commissioners a remon-
3 strance to the improvement by 50 percent of the affected
4 property owners to be specially assessed therefor, the
5 improvement shall not be implemented.
6 (d) A description of the property to be specially
7 benefited by the improvement, giving the names of the
8 owners thereof.
9
(e)
The estimated total cost
of the improvement
10
which is
to be paid by a special as
sessment upon the
11
benefite
d property.
12
(f)
The engineer's estimated
cost of the improvement
13
to each
of the specially benefited
properties.
14
Section
5. Hearing and Effect of Remonstrances. At
15
the hearing,
the district shall hear all
objections and
16
shall conside
r any remonstrances.
17
Section
6. Manner of Doing Work.
The district may
18
provide the manner in which construction
work may be done.
19 Section 7. Call for Bids, Contracts, Bond. The district
20 may advertise for bids for construction of all or any part
21 of the improvement project on the basis of the engineer's
22 report, before the public hearing on the implementation of
23 the proposed service improvement, or at any time after the
24 public hearing; provided however, that no contract shall be
25 let until after the public hearing has been held to hear the
26 remonstrances and objections. The district shall determine
Page 5-GENERAL ASSESSMENT ORDINANCE
VOL 32 FACE 88
1 the time and the manner of advertisement for bids; and the
2 contracts shall be let to the lowest responsible bidder;
3 provided, that the district shall have the right to reject
4 all bids when they are deemed unreasonable or unsatisfactory.
5 The district may provide for taking security by bond for the
6 faithful performance of any contract let; and the provisions
7 of such bond, in case of default, shall be enforced by
8 action in the name of the district.
9 Section 8. Assessment Ordinance. After the aforesaid
10 public hearing on the proposed improvement, and after the
11 district has moved to proceed with the improvement, it may
12 adopt an order assessing the various properties, parcels of
13 land or parts thereof to be specially benefited, with their
14 apportioned share of the cost of the improvement; but the
15 passage of such an assessment order may be delayed until the
16 contract for the work is let, or until the improvement is
17 completed and the total cost thereof is determined.
18 Section 9. Method of Assessment and Alternative Methods
19 of Financing. Assessments within the district shall, insofar
20 as practicable, be apportioned in accordance with the special
21 and peculiar benefit each property, receives. The district,
22 in adopting a method of assessment of the cost of the improvement,
23 may:
24 (a) Use any just and reasonable method of deter-
25 mining the extent of any improvement consistent with
26 the benefits derived.
Page 6-GENERAL ASSESSMENT ORDINANCE
VOL 32 FACE 89
1
(b) Use any method of apportioning the sum to be
2
assessed which is just and reasonable between the
3
properties determined to be specially benefited.
4
(c) Authorize payment by the district of all or
5
any part of the cost of any such improvement when, in
6
the opinion of the district, on account of topographical
7
or physical conditions, unusual or excessive public
8
use, or other character of the work involved, or when
9
the district otherwise believes the situation warrants
10
it; provided, the method selected creates a reasonable
11
relation between the property specially assessed and
12
the benefits derived by the district as a whole.
13
Nothing herein contained shall preclude the district
14
from using other available means of financing improve-
15 ments, including federal or state grants-in-aid, sewer
16 service or other types of service charges, bonds, or
17 other legal means of finance.
18 Section 10. Deferral of Assessments. Where parcels of
19 land, or portions thereof, are undeveloped the district may,
20 in its discretion, defer assessing or imposing all or any
21 portion of such assessments on such parcels until such
22 parcels are served by the facilities.
23 Section 11. Notice of Assessment.
24 (a) Within 10 days after the order levying
25 assessments become effective, the district shall send a
26 notice of assessment to the owners as herein defined of
Page 7-GENERAL ASSESSMENT ORDINANCE
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VOL
each property, lot, tract or parcel of land assessed.
Such notice of assessment shall be sent by certified
32 FAUE 90
mail to the last known address of such owners, and
shall recite the date of entering the assessment in the
lien docket maintained by the county clerk pursuant to
ORS 451.520 and date of first publication of the published
notice of assessment described in Subsection (b) of
this section, and shall state that upon failure of the
owner of the property assessed to make application to
pay the assessment in installments within 10 days from
the date of first publication of the published notice
of assessment, under the provisions of ORS 223.205 to
223.295 (the "Bancroft Bonding Act"), or upon the
failure of the owner to pay the assessment in full
within 30 days from the date of entry of the assessment
lien in the lien docket, then interest will commence to
run on the assessment from and after the end of the 30-
18 day period at the rate hereinafter set forth; and that
19 the property will be subject to foreclosure; and the
20 notice shall set forth a description of the property
21 assessed, the name of the owner of the property and the
22 amount of the assessment. The provisions of the Bancroft
23 Bonding Act, apply to the district pursuant to ORS
24 451.530(l)(a).
25 (b) The published notice of assessment shall
26 state the title and nature of the improvement project,
Page 8-GENERAL ASSESSMENT ORDINANCE
VOL 32 FADE 91
1 the areas improved thereby, the total cost of the
2 improvement and the unit cost of the improvement to the
3 specially benefited properties; and shall advise the
4 owners of the property assessed to pay the cost of the
5 improvement; that detailed information relative to the
6 amount of each assessment, the descriptions of the
7 property assessed, and the names of the owners thereof
8 is on file and open to public inspection at the office
9 of the county clerk. Said published notice shall also
10 state the location at which forms to make application
11 to pay the assessments in installments are available.
12 Section 12. Lien Records and Foreclosure Proceedings.
13 Within 10 days after the effective date of the ordinance
14 levying assessments, the county clerk shall enter in the
15 lien docket a statement of the respective amounts assessed
16 upon each particular lot, tract or parcel of land with the
17 names of the owners thereof, as defined herein. Upon such
18 entry in the lien docket, the amount so entered shall be a
19 lien and charged upon the respective properties, lots,
20 tracts and parcels of land against which the same are placed.
21 Such liens shall be first and prior to all other liens or
22 encumbrances thereon, insofar as the laws of the State of
23 Oregon allow. Interest shall be charged at the rate no
24 greater than that permitted by law on all amounts not paid
25 within 30 days from the date of such entry. After the
26 expiration of 30 days from the date on which the assessment
Page 9-GENERAL ASSESSMENT ORDINANCE
• VOL 32 FACE 92
1 was entered in the lien docket, the district may proceed to
2 foreclose or enforce collection of any lien to which it
3 shall be entitled pursuant to the provisions of this ordinance,
4 in the manner provided by the general laws of the state of
5 Oregon for the foreclosure and enforcement of liens; provided,
6 however, that the district may, at its option, enter a bid
7 for the property being offered at a foreclosure sale, which
8 shall be prior to all bids except those made by persons who
9 would be entitled under the laws of the state of Oregon to
10 redeem such property.
11 Section 13. Errors in Assessment Calculations. Claimed
12 errors in the calculation of assessment shall be called to
13 the attention of the county clerk prior to any payment on
14 account thereof. The district shall determine whether there
15 is an error in fact. If the clerk finds that there is an
16 error in fact, he shall recommend to the district an amendment
17 to the assessment ordinance to correct the error. Upon the
18 enactment of such an amendment by the district, the clerk
19 shall make the necessary correction in the lien docket and
20 send by certified mail to the last known address of the
21 owner a corrected notice of the assessment.
22 Section 14. Deficit Assessment. If assessment is made
23 before the total costs of the improvement are known, and it
24 be found that the amount assessed is insufficient to defray
25 the expenses of the improvement, the district may declare
26 such deficit and prepare a proposed deficit assessment. The
Page 10-GENERAL ASSESSMENT ORDINANCE
VOL 32 PAGE 93
1 district shall set a time for hearing objections to such
2 deficit assessment, and shall publish at least one notice
3 thereof. The district upon such hearing, shall make a just
4 and equitable deficit assessment by ordinance, which shall
5 be entered in the lien docket and consolidated with the
6 original assessment therein entered. Thereafter, the provi-
7 sions of Section 11 and 12 herein shall be applicable with
8 regard to such deficit assessment.
9 Section 15. Rebate. If, upon the completion of the
10 project, it is found that any sum theretofore assessed
11 therefor upon any property is more than sufficient to pay
12 the cost thereof, the district must ascertain and declare
13 the same and when so declared, it must be entered in the
14 lien docket as a credit upon the appropriate assessment. If
15 any such assessment has been paid, the person who paid the
16 same, or his legal representative, shall be entitled to
17 receive payment of any portion of the rebate credit which
18 exceeds the assessment.
19 Section 16. Abandonment of Proceedings. The district
20 shall have full power and authority to abandon and rescind
21 proceedings for improvements hereunder at any time prior to
22 the final consummation of such proceedings; and if liens
23 have been assessed upon any property under this procedure,
24 they shall be canceled, and any payments made thereon shall
25 be refunded to the payor, his assigns or legal representatives.
26 Section 17. Curative Provisions. No improvement
Page 11-GENERAL ASSESSMENT ORDINANCE
Vol, 32 FAGS 94
1 assessment shall be rendered invalid by reason of a failure
2 of the engineer's report to contain all of the information
3 contained by Section 2 of this ordinance, or by reason of a
4 failure to include in the improvement order, the assessment
5 ordinance, the lien docket or notices required to be published
6 and mailed all of the information required by this ordinance,
7 or by a failure to list the name of or mail notice to the
8 owner of any property as required by this ordinance, or by
9 reason of any other error, mistake, delay, omission, irregularity
10 or other act, jurisdictional or otherwise, in any of the
11 proceedings or steps herein specified, unless it appears
12 that the assessment is unfair or unjust in its effect upon
13 the person complaining; and the district shall have the
14 power and authority to remedy and correct all such matters
15 by suitable action and proceedings.
16 Section 18. Reassessment. Whenever an assessment,
17 deficit assessment or reassessment for any improvement which
18 has been or may be hereafter made by the district has been
19 or shall be hereafter set aside, annulled, declared or
20 rendered void or its enforcement restrained by any court of
21 this state whether directly or by virtue of any decision of
22 such court, or when the district shall be in doubt as to the
23 validity of such assessment, deficit assessment or reassessment
24 or any part thereof, then the district may make a reassessment
25 in the manner provided by the laws of the State of Oregon.
26 Section 19. Emergency. The district finds that the
Page 12-GENERAL ASSESSMENT ORDINANCE
tE 5
32 FA
• VOL
1 existing sewage system is failing. Untreated sewage is
2 periodically surfacing on all fields in the district, especi-
3 ally the west lawn which is used as a childrens' play area
4 and is traversed by many owners and guests to and from the
5 lodge and the units.
That such conditions are detrimental to and create a
q serious health hazard for the district. In addition, due to
8 winter construction problems and increased costs it is
9 imperative that improvement proceed immediately. Therefore,
10 the Board of County Commissioners acting as the governing
11 body of the Seventh Mountain Service District do determine
12 that an emergency exists and this Ordinance may be introduced,
13 read once and put on its final passage at this special meeting,
14 without being described in a published agenda by unanimous
15 vote of the Board, effective immediately, and that notice of
16 this adoption shall be published as provided in ORS 198.560(3).
17 Dated September 5, 1979.
18 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
19 acting as the governing body of
the Seventh Mountain County Service
20 District
21
By
22 Chairm
23
By
_4~
24 Commissi ner
25
By (Zil. "LA OOOJOPP
26 om ssioner
Page 13-GENERAL ASSESSMENT ORDINANCE
' VOL 32 FACE 96
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IN THE OARD OF COUNTY
OF THE STATE OF
/I ~ ` SSS..ddd
ROS4 Jam `
COMMISSIONERS'SC/y(ITS,?), Pg47--
CO,~~Ty O
OREGON
Do- FOR THE COUNTY OF
DESCHUTES
Proceedings of Seventh )
Mountain County Service ) GENERAL ASSESSMENT ORDINANCE
District )
The Board of County Commissioners of.Deschutes County,
Oregon, acting as the governing body of the Seventh Mountain
County Service District pursuant to ORS 451.485, finds that
it is necessary to adopt a general assessment ordinance for
the Seventh Mountain County Service District pursuant to ORS
451.495.
NOW, THEREFORE, the Board of County Commissioners of
Deschutes County, Oregon, acting as the governing body of
the Seventh Mountain County Service District, hereby ordains:
Section 1. Definition of Terms. Whenever the term
"owner" is used herein in relation to the ownership of real
property, such term shall be held to mean the record holder
of the legal title to the land; and the term owner shall
include the unit owner of a building unit created pursuant
to Unit Ownership prescribed by ORS 91.500 to 91.671 and
each unit owner's share of the common areas, except that if
there is a purchaser of the land whose interest therein is
evidenced by a recorded contract for the sale thereof,-e-ivp
Page 1-GENERAL ASSESSMENT ORDINANCE
VOL 32 PACE 97
1
f. It
2
Whenever the terms
"land", or "property" is used in
3
this ordinance such term
shall mean, the real property, with
4
or without improvements
thereon, held by an owner as that
5
term is herein defined,
and located within the boundaries of
6
the improvement district
known as the Inn of the Seventh
7
Mountain, excluding only
real property owned by the District.
8
Whenever the term "
engineer" is used in this ordinance,
9
such term shall be held
to refer to the engineer employed by
10
the District to perform
services in relation to the facilities
11
for which assessments wi
ll be imposed under this ordinance.
12
The term "District"
refers to the Seventh Mountain
13 County Service District, or its governing body.
14 Section 2. Initiation of Proceeding and Report from
15 the Engineer. Whenever the District shall deem it necessary,
16 upon its own motion or upon the petition of the owners of
17 one-half of the real property to benefit specially from a
18 public improvement, to be paid for in whole or in part by
19 special assessment according to benefits, the district shall
20 direct the engineer to prepare a report for such project and
21 file the report with the county clerk. Unless the district
22 shall direct otherwise, such report shall contain the follow-
23 ing matters:
24 (a) A plat or map showing the general nature,
25 location and extent of the proposed improvement and the
26 property to be assessed for the payment of all or any
Page 2-GENERAL ASSESSMENT ORDINANCE
VOL 32 PAu"E 98
1 part of the cost thereof.
2 (b) An estimate of the probable cost of the
3 improvement, including any legal, administrative and
4 engineering costs attributable thereto.
5 (c) A recommendation as to the method of assess-
6 ment to be used to arrive at a fair apportionment of the
7 whole or any portion of the cost of the improvement to
8 the property specially benefited, which recommendation
9 shall be in accord with the provisions of Section 9 below.
10 (d) An estimate of the cost of the improvement to
11 each of the specially benefited properties derived from
12 applying the recommended assessment method to the
13 estimated cost of the improvement.
14 (e) The description and assessed value of each
15 lot, unit, tract or parcel of land, or property or
16 portion thereof, to be specially benefited by the
17 improvement, with the names of the owners thereof.
18 (f) A statement showing outstanding assessments
19 against each property to be assessed.
20 (g) Any other information required by the district.
21 Section 3. Action on Engineer's Plans. After the
22 engineer's plans has been filed with the county clerk, the
23 district shall consider the report. The district may approve
24 the report as submitted or may modify and approve the report
25 as modified. The district may direct the engineer to furnish
26 the district with a further report or information; or on the
Page 3-GENERAL ASSESSMENT ORDINANCE
va 32 FAcf 99
1 basis of the engineer's report, the district may by motion
2 record its intention to abandon the improvement.
3 Section 4. Declaration of Intention and Notice of Hear-
4 ing. After the district has approved the engineer's
5 report as submitted or modified, the district shall, declare
6 its intention to make the improvement, provide the manner
7 and method of carrying out the improvement, and direct the
8 publication of notice of the hearing by publication in a
9 newspaper of general circulation in the district, and by
10 mailing copies of such notice by certified mail to the
11 owners of the property to be assessed for the cost of such
12 improvement, to the last known address of each owner of
13 property. Notice shall be published and mailed not less
14 than 10 days prior to the hearing. The notice as published
15 and mailed shall contain the following:
16 (a) That the report of the engineer is on file in
17 the office of the county clerk and is subject to public
18 examination.
19 (b) That the district will hold a public hearing
20 if its intention to implement the proposed service
21 facilities and to assess the benefited properties for
22 all the costs thereof; on the date set by the district;
23 and at the public hearing, objections and remonstrances
24 to the implementation of the proposed facilities and to
25 the proposed assessment shall be heard.
26 . . .
Page 4-GENERAL ASSESSMENT ORDINANCE
VOL 32 fAtiF 100
1 (c) That if prior to such hearing, there shall be
2 filed with the Board of County Commissioners a remon-
3 strance to the improvement by 50 percent of the affected
4 property owners to be specially assessed therefor, the
5 improvement shall not be implemented.
6 (d) A description of the property to be specially
7 benefited by the improvement, giving the names of the
8 owners thereof.
9 (e) The estimated total cost of the improvement
10 which is to be paid by a special assessment upon the
11 benefited property.
12 (f) The engineer's estimated cost of the improvement
13 to each of the specially benefited properties.
14 Section 5. Hearing and Effect of Remonstrances. At
15 the hearing, the district shall hear all objections and
16 shall consider any remonstrances.
17 Section 6. Manner of Doing Work. The district may
18 provide the manner in which construction work may be done.
19 Section 7. Call for Bids, Contracts, Bond. The district
20 may advertise for bids for construction of all or any part
21 of the improvement project on the basis of the engineer's
22 report, before the public hearing on the implementation of
23 the proposed service improvement, or at any time after the
24 public hearing; provided however, that no contract shall be
25 let until after the public hearing has been held to hear the
26 remonstrances and objections. The district shall determine
Page 5-GENERAL ASSESSMENT ORDINANCE
VOL 32 w'E 101
1 the time and the manner of advertisement for bids; and the
2 contracts shall be let to the lowest responsible bidder;
3 provided, that the district shall have the right to reject
4 all bids when they are deemed unreasonable or unsatisfactory.
5 The district may provide for taking security by bond for the
6 faithful performance of any contract let; and the provisions
7 of such bond, in case of default, shall be enforced by
8 action in the name of the district.
9 Section 8. Assessment Ordinance. After the aforesaid
10 public hearing on the proposed improvement, and after the
11 district has moved to proceed with the improvement, it may
12 adopt an order assessing the various properties, parcels of
13 land or parts thereof to be specially benefited, with their
14 apportioned share of the cost of the improvement; but the
15 passage of such an assessment order may be delayed until the
16 contract for the work is let, or until the improvement is
17 completed and the total cost thereof is determined.
18 Section 9. Method of Assessment and Alternative Methods
19 of Financing. Assessments within the district shall, insofar
20 as practicable, be apportioned in accordance with the special
21 and peculiar benefit each property, receives. The district,
22 in adopting a method of assessment of the cost of the improvement,
23 may:
24 (a) Use any just and reasonable method of deter-
25 mining the extent of any improvement consistent with
26 the benefits derived.
Page 6-GENERAL ASSESSMENT ORDINANCE
va-, 32 ,ACE x.02
1 (b) Use any method of apportioning the sum to be
2 assessed which is just and reasonable between the
3 properties determined to be specially benefited.
4 (c) Authorize payment by the district of all or
5 any part of the cost of any such improvement when, in
6 the opinion of the district, on account of topographical
7 or physical conditions, unusual or excessive public
8 use, or other character of the work involved, or when
9 the district otherwise believes the situation warrants
10 it; provided, the method selected creates a reasonable
11 relation between the property specially assessed and
12 the benefits derived by the district as a whole.
13 Nothing herein contained shall preclude the district
14 from using other available means of financing improve-
15 ments, including federal or state grants-in-aid, sewer
16 service or other types of service charges, bonds, or
17 other legal means of finance.
18 Section 10. Deferral of Assessments. Where parcels of
19 land, or portions thereof, are undeveloped the district may,
20 in its discretion, defer assessing or imposing all or any
21 portion of such assessments on such parcels until such
22 parcels are served by the facilities.
23 Section 11. Notice of Assessment.
24 (a) Within 10 days after the order levying
25 assessments become effective, the district shall send a
26 notice of assessment to the owners as herein defined of
Page 7-GENERAL ASSESSMENT ORDINANCE
VOL 32 FACE 103
1 each property, lot, tract or parcel of land assessed.
2 Such notice of assessment shall be sent by certified
3 mail to the last known address of such owners, and
4 shall recite the date of entering the assessment in the
5 lien docket maintained by the county clerk pursuant to
6 ORS 451.520 and date of first publication of the published
7 notice of assessment described in Subsection (b) of
8 this section, and shall state that upon failure of the
9 owner of the property assessed to make application to
10 pay the assessment in installments within 10 days from
11 the date of first publication of the published notice
12 of assessment, under the provisions of ORS 223.205 to
13 223.295 (the "Bancroft Bonding Act"), or upon the
14 failure of the owner to pay the assessment in full
15 within 30 days from the date of entry of the assessment
16 lien in the lien docket, then interest will commence to
17 run on the assessment from and after the end of the 30-
18 day period at the rate hereinafter set forth; and that
19 the property will be subject to foreclosure; and the
20 notice shall set forth a description of the property
21 assessed, the name of the owner of the property and the
22 amount of the assessment. The provisions of the Bancroft
23 Bonding Act, apply to the district pursuant to ORS
24 451.530(1)(a).
25 (b) The published notice of assessment shall
26 state the title and nature of the improvement project,
Page 8-GENERAL ASSESSMENT ORDINANCE
VOL 32 FAGF 104
1 the areas improved thereby, the total cost of the
2 improvement and the unit cost of the improvement to the
3 specially benefited properties; and shall advise the
4 owners of the property assessed to pay the cost of the
5 improvement; that detailed information relative to the
6 amount of each assessment, the descriptions of the
7 property assessed, and the names of the owners thereof
8 is on file and open to public inspection at the office
9 of the county clerk. Said published notice shall also
10 state the location at which forms to make application
11 to pay the assessments in installments are available.
12 Section 12. Lien Records and Foreclosure Proceedings.
13 Within 10 days after the effective date of the ordinance
14 levying assessments, the county clerk shall enter in the
15 lien docket a statement of the respective amounts assessed
16 upon each particular lot, tract or parcel of land with the
17 names of the owners thereof, as defined herein. Upon such
18 entry in the lien docket, the amount so entered shall be a
19 lien and charged upon the respective properties, lots,
20 tracts and parcels of land against which the same are placed.
21 Such liens shall be first and prior to all other liens or
22 encumbrances thereon, insofar as the laws of the State of
23 Oregon allow. Interest shall be charged at the rate no
24 greater than that permitted by law on all amounts not paid
25 within 30 days from the date of such entry. After the
26 expiration of 30 days from the date on which the assessment
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VOL 32 PAGE 105
1 was entered in the lien docket, the district may proceed to
2 foreclose or enforce collection of any lien to which it
3 shall be entitled pursuant to the provisions of this ordinance,
4 in the manner provided by the general laws of the state of
5 Oregon for the foreclosure and enforcement of liens; provided,
6 however, that the district may, at its option, enter a bid
7 for the property being offered at a foreclosure sale, which
8 shall be prior to all bids except those made by persons who
9 would be entitled under the laws of the state of Oregon to
10 redeem such property.
11 Section 13. Errors in Assessment Calculations. Claimed
12 errors in the calculation of assessment shall be called to
13 the attention of the county clerk prior to any payment on
14 account thereof. The district shall determine whether there
15 is an error in fact. If the clerk finds that there is an
16 error in fact, he shall recommend to the district an amendment
17 to the assessment ordinance to correct the error. Upon the
18 enactment of such an amendment by the district, the clerk
19 shall make the necessary correction in the lien docket and
20 send by certified mail to the last known address of the
21 owner a corrected notice of the assessment.
22 Section 14. Deficit Assessment. If assessment is made
23 before the total costs of the improvement are known, and it
24 be found that the amount assessed is insufficient to defray
25 the expenses of the improvement, the district may declare
26 such deficit and prepare a proposed deficit assessment. The
Page 10-GENERAL ASSESSMENT ORDINANCE
VOL 32 PACE 1016
1 district shall set a time for hearing objections to such
2 deficit assessment, and shall publish at least one notice
3 thereof. The district upon such hearing, shall make a just
4 and equitable deficit assessment by ordinance, which shall
5 be entered in the lien docket and consolidated with the
6 original assessment therein entered. Thereafter, the.provi-
7 s,ions of Section 11 and 12 herein shall be applicable with
8 regard to such deficit assessment.
9 Section 15. Rebate. If, upon the completion of the
10 project, it is found that any sum theretofore assessed
11 therefor upon any property is more than sufficient to pay
12 the cost thereof, the district must ascertain and declare
13 the same and when so declared, it must be entered in the
14 lien docket as a credit upon the appropriate assessment. If
15 any such assessment has been paid, the person who paid the
16 same, or his legal representative, shall be entitled to
17 receive payment of any portion of the rebate credit which
18 exceeds the assessment.
19 Section 16. Abandonment of Proceedings. The district
20 shall have full power and authority to abandon and rescind
21 proceedings for improvements hereunder at any time prior to
22 the final consummation of such proceedings; and if liens
23 have been assessed upon any property under this procedure,
24 they shall be canceled, and any payments made thereon shall
25 be refunded to the payor, his assigns or legal representatives.
26 Section 17. Curative Provisions. No improvement
Page 11-GENERAL ASSESSMENT ORDINANCE
VOL 32 PAGE 10 7
1 assessment shall be rendered invalid by reason of a failure
2 of the engineer's report to contain all of the information
3 contained by Section 2 of this ordinance, or by reason of a
4 failure to include in the improvement order, the assessment
5 ordinance, the lien docket or notices required to be published
6 and mailed all of the information required by this ordinance,
7 or by a failure to list the name of or mail notice to the
8 owner of any property as required by this ordinance, or by
9 reason of any other error, mistake, delay, omission, irregularity
10 or other act, jurisdictional or otherwise, in any of the
11 proceedings or steps herein specified, unless it appears
12 that the assessment is unfair or unjust in its effect upon
13 the person complaining; and the district shall have the
14 power and authority to remedy and correct all such matters
15 by suitable action and proceedings.
16 Section 18. Reassessment. Whenever an assessment,
17 deficit assessment or reassessment for any improvement which
18 has been or may be hereafter made by the district has been
19 or shall be hereafter set aside, annulled, declared or
20 rendered void or its enforcement restrained by any court of
21 this state whether directly or by virtue of any decision of
22 such court, or when the district shall be in doubt as to the
23 validity of such assessment, deficit assessment or reassessment
24 or any part thereof, then the district may make a reassessment
25 in the manner provided by the laws of the State of Oregon.
26 Section 19. Emergency. The district finds that the
Page 12-GENERAL ASSESSMENT ORDINANCE
a
von. 32 FACE 108
1 existing sewage system is failing. Untreated sewage is
2 periodically surfacing on all fields in the district, especi-
3 ally the west lawn which is used as a childrens' play area
4 and is traversed by many owners and guests to and from the
5 lodge and the units.
6 That such conditions are detrimental to and create a
7 serious health hazard for the district. In addition, due to
8 winter construction problems and increased costs it is
9 imperative that improvement proceed immediately. Therefore,
10 the Board of County Commissioners acting as the governing
11 body of the Seventh Mountain Service District do determine
12 that an emergency exists and this Ordinance may be introduced,
13 read once and put on its final passage at this special meeting,
14 without being described in a published agenda by unanimous
15 vote of the Board, effective immediately, and that notice of
16 this adoption shall be published as provided in ORS 198.560(3).
17 Dated September 5, 1979.
18 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
19 acting as the governing body of
the Seventh Mountain County Service
20 District
21
By
Z!!~Z
22 Chairm
23
t
By 4~~
24 Commissi ner
25
By
26 om i.ssioner
VV
Page 13-GENERAL ASSESSMENT ORDINANCE