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

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Public Hearings iii-oduc$ion Cities should do their absolutebesttowork with property owners toresolve their concerns. Even Where a city works closely with property owners, a lawsuit may be filed, despite the city's best efforts. Statutory limitations and fairness to other property owners prevent a city from granting all of a property owner's demands. Formation hearings and final assessment roil hearings should be conducted with possible litigation ?n mind. Formal rules of quasi-judicial procedure should be formulated and distributed well In advance of the hearings to the council and LID participants, In the final assessment roll hearing, the city council acts as a board of equalization to consider evidence presented by both staff and property owner as to the correctness of the assessment for each parcel. The final assessment roll hearing must be fair, open, impartial and structured. Both hearings maybe held before the full city council, a committee thereof ora hearings officer (examiner) (RCW 35.43,140). The following discussion under "Making Your Record" applies to all three instances. Making Your Record - Orchestration for Litigation Introduction Despite the best efforts of all involved — administrators, engineers, attorneys, and city officials — sooner or later a city will face the wrath of a property owner disgruntled with some aspect of an LID. A lawsuit will be filed. Therefore, every formation hearing and final assessment roll hearing should be conducted with an eye toward litigation. The city should takethose reasonable steps within its power to enhance its chances of winning a property owner's LID lawsuit. The discussion which follows outlines a number of steps which can be taken in anticipation of litigation. During the life of every LID, there are two hearings. The first hearing occurs when the city is contemplating ordering public improvements that are to be financed by LID assessments. (RCW 35.43.140; 35.43.150) A second hearing usually occurs afterthe improvements have been ordered and actually constructed. This is the hearing to confirm the finai assessment roll and the assessment levied against the individual owner's property. (FiCW 35.44.070-35.44.120) Lawsuits by property owners are normally filed after the hearing to confirm the final assessment roll. Because lawsuits challenging the formation of a local improvement district are rare, these materials will concentrate on steps to be taken to confirm successfully the final assessment roll. Local and Road Improvement Districts Manual far Washington Stste Sixth Edition 59