2016-05-09-minutes-public-works-study-session

Home Browse Search

to any parties known to hold an ownership interest in the property, as was done on the preliminary assessment roll, Next, the clerk arranges for the notice to be published at least once a week for two consecutive weeks in the official newspaper, if it is a daily paper. If the off iciai paper is weekly, seek advice from bona counsel as to pub1caticn requirements. The last publication must be at least 15 days before the date fixed for the hearing. RCW 35.44.090. Practice Trp Putication requirements for LID formation (RCW 35.43.140) are not the same as the notice requirements for the ordinance confirming the final assessment roil (RCW 35.44.090). A new request is made to the county assessor to determine if any of the lands within the LID project area have been designated as farm and agricultural and timber land, pursuant to Chapter 84.34 RCW. This should be done by mailing another !atter to the assessor along with a map showing the county tax lots, requesting a written response. The assessment roll hearing is "quasi-judicial" in nature, and property owners may appeal their final assessment to Superior Court. Regardless of the type of recording, it ;s highly recommended that the hearing also is recorded by a court reporter. If you believe that a court reporter is not needed, consult first with your city attorney or special LID counsel to make sure they agree with you. The court reporter's recording does not need to be transcribed unless an appeal is filed. Typically, property owners will indicate early in the LID process whetheran appeal is likely. The assessment roll hearing should be structured. Again, because the hearing is "quasi-judicial" in nature, a structured hearing format is more important than at the formation hearing. It is helpful to hold one or more procedure/hearing structure workshops prior to the formal hearing with the city council, city attorney, bond counsel and/or special counsel to establish a structured hearing format. Reduced risks to the city from a structured format are worth the effort. At the assessment roll hearing, the LID administrator gives a report explaining the project. This report should include the total final cost, any public money paid or to be paid toward the LID costs, and a statement that all the proceedings were proper and in conformance with LID statutes, particularly that proper notice has been given. Questions from the city council are responded to by the LID administrator or other staff. if a property owner desires to file an appeal from the final assessment, the property owner must file a written objection/protest before oral the hearing. The protesting property owner should be allowed to testify at the hearing. (RCW 35.44.190) When property owners protesttheirfina l assessment, they shouldquestion the amount of benefit that the property will receive from the improvement. In other wards, the property owner should argue that the final assessment is greater than the special benefit resulting to the property from the LID improvement. The city is entitled to a presumption of special benefit exceeding the final assessment, and unless this presumption is nullified by expert testimony, such as an appraisal of a qualified MAI appraiser, the presumption should withstand attack. If a property owner has submitted an expert appraiser opinion rebutting the city's presumption, the city must counter with its own expert opinion substantiating the special benefits of the LID improvement to that property. To accomplish this, planning and timing are critical. Extensive preparation may be 34 local and Road Improvement f]istricts Manual for Washington State Sixth edition