HomeMy WebLinkAboutORD 4444 Amended By ORD ��4505
Amended By ORD 4723
(9-16-6.A amended; 9-16-8 repealed)
CITY OF RENTON, WASHINGTON Amended by ORD 4923
� ORDINANCE N0. 4444
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
� TITLE IX (PUBLIC WAYS AND PROPERTY) BY ADDING CHAPTER 16
ENTITLED SPECIAL ASSESSMENT DISTRICTS, OF ORDINANCE NO.
4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF
RENTON" ESTABLISHING THE AUTHORITY, PROCEDURE, AND RATE OF
INTEREST FOR SPECIAL A5SESSMENT DISTRICTS.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION I. Title IX (Public Ways and Property) of Ordinance
No. 4260 entitled "Code of General Ordinances of the City of Renton"
'is hereby amended by adding the following chapter:
CHAPTER 16
:s.
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SPECIAL ASSESSMENT DISTRICTS � ,
SECTION:
9=16-1 : Authority
9=16-2 : ,City Initiated
9=16-3 : Pr'eliminary Approval
9-16-4 : Preliminary Notice
9-16-5 : Improvements Constructed by City
9-16-6 : Payments to City
9-'16-7 : Interest
9-16-8: Segregation and Relief of Special Assessment District Fees
9-16-9 : Final Special Assessment District Ordinance
9-16-10 : Ordinance Finality
9-16-11 : Release of Assessment
9-16-12 : Term of Life.
9-16-1: AUTHORITY: Pursuant to RCW 35 . 92 . 025 the City has
the discretionary power to grant City-held latecomer ' s agreements
known as Special Assessment Districts to the City itself for the
reimbursement of a pro rata portion of the original costs of water
systems, sanitary sewer systems, storm water drainage systems, and
street improvements including signalization and lighting. The
authority to approve a Special Assessment District is vested in the
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ORDINANCE NO. 4 4 4 4 .
Renton City Council .
9-16-2: CITY INITIATED: The Administration will present
Council with proposals to form Special Assessment Districts to
enable the City to recover a pro-rata portion of the original costs
of public works improvements which would benefit from future
connections to, or future users of, improvements to the City' s
infrastructure. �
9-16-3: PRELIMINARY APPROVAL: The City Council may grant I
preliminary approval for a Special Assessment District, based upon
the information contained in the request. for a Special Assessment
District from the Administration. The granting of preliminary
approval by City Council authorizes the City to prepare preliminary
(estimated) cost data, conduct public informational meeting(s) with
potential benefiting property owners if needed and advance to the
preliminary notification stage. ��
9-16-4: PRELIMINARY NOTICE: Notification of potentially
benefiting property owners must occur before construction.
A benefiting property owner is a property owner who would have
been responsible for all or part of certain improvements in the
normal course of development or utilization of their parcel, who
subsequently connect to or in any way utilize improvements already
installed by the City.
The City will notify all the potential benefiting property
owners that the proposed installation of City installed improvements
may w'ell affect their property. The City Clerk shall mail a notice
to all owners of record of property within the Special Assessment
District boundary. The notice shall include a general range of the
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ORDINANCE NO. 4 4 4 4
�preliminary per unit assessment and the proposed Special Assessment
District boundary map and the description of the property owners '
rights and options to participate in the Special Assessment
District. I
The property owners may, upon payment of the $75 . 00 appeal fee, '
request an appeal hearing before the Renton City Council within �',
twenty (20) days of the mailing. Appeals must adhere to the
c�iteria established under Section 9-16-9 .0 of this ordinance, but
will be limited to the question of whether or not a specific
property should be included within the Special Assessment District.
The City will secure the ownerships, the mailing labels and
assume the costs for mailing the notices . The City will provide an
"Affidavit of Mailing" , attesting that all potential benefiting
property owners have been notified.
� This notice form will not be recorded with King County.
9-16-5: IMPROVEMENTS CONSTRUCTED BY CITY: Improvements
will be installed by the City or an approved Contractor acting on
beha'lf of the City per approved plans, following issuance of the
construction permit to install the improvements .
9-16-6: PAYMENTS TO CITY
A. CITY PARTICIPATION: The City may participate in a
street latecomer ' s area where the City has joined in the financing
of the road improvements that will benefit undeveloped properties .
The City may be reimbursed for its investment in the road
improvements in the same manner would be the holder of a private
latecomer agreement. Improvements that benefit the general public
may be subject to a Special Assessment District (City held
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ORDINANCE NO. 4444
latecomer ' s agreement) including future benefit areas . Interest on
any City held latecomer' s agreement shall accrue at the rate
calculated, pursuant to City Code Section 8-4-41 .B.2 .b. and Section
9-16-7 of this Ordinance. �
B. OTHER FEES CHARGED BY THE CITY: The City of Renton may
hold and charge certain other fees similar to Special Assessment
District charges which are commonly referred to as special utility
connection charges and/or private latecomer charges, pursuant to
Sections 8-4-41 and 8-5-17 and Chapter 9-5 of the City Code.
9-16-7 : INTEREST: Interest rates may be charged against City
held Special Assessment Districts . The interest rate is 10� simple
interest per annum applied from the date of adoption of the
Ordinance establishing the Special Assessment District until
connection or use for a period not to exceed ten years or 100� of
the original assessment, whichever comes first. !
9-16-8: SEGREGATION AND RELIEF OF SPECIAL ASSESSMENT DISTRICT
FEES
A. SEGREGATION OF FEES: The City shall grant segregation of
SAD fees on large parcels of land if they are legally subdivided by
Plat, Short Plat, Binding Site Plan, etc. The burden of
establishing the segregation by legal description, number of units
and map would be on the party owing the fee and not the City. The
subdivider or petitioner of the segregation is required to pay a
$750 .,00 processing fee for staff work.
B. RELIEF DUE TO TWO SIMILAR FACILITIES :
The Planning/Building/Public Works Administrator or the ,
Administrator ' s designee based on good sound engineering practices
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ORDINANCE NO. 4 4 4 4
will, consider relieving a parcel of a Special Assessment District �I
fee/assessment if the property has a benefit from either (but not
both) of two similar facility(s) . The Planning/Building/Public Works
Administrator or the Administrator ' s designee will make the decision
based on engineering and policy decisions as to which facility(s)
benefit and/or are utilized by the parcel and the assessment due
would be that associated with the utilized facility. If there are
no sound engineering or policy reasons that indicate one facility
over the other, the City shall give the applicant the choice of '��
facilities to utilize. '
C. RELIEF DUE TO FUTURE SUBDIVISION: At the time the Special II
Assessment District is formed, and as a condition of the Special
Assessment District, the City may divide the assessment against a
parcel such that a single family residential connection will be
assessed based upon the size of a typical single family residential '
lot in that area. The remainder of the cost attributed to said site
pl�us interest will be due at such time as the parcel develops
fu'rther either by subdivision or increased density.
D: PARTIAL RELEASE OF PROPERTIES DUE TO SUBDIVISION: The
Planning/Building/Public Works Administrator or the Administrator' s
designee will consider relieving a parcel of the Special Assessment,
if a subdivision of the property severed a linkage between a
resulting lot and the street frontage [containing special assessment
improvement(s } ] , so long as a proposed lot does not have direct
access to, or front footage on street right-of-way containing the
improvement(s) and will not and cannot benefit from the
improvements .
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ORDINANCE NO. 4 4 4 4 I
9�16-9: FINAL SPECIAL ASSESSMENT DISTRICT ORDINANCE: I
� ',
A. PREPARATION OF PROPOSED FINAL ASSESSMENT ROLL. I
Following construction the Planning/Building/Public Works
Department shall prepare a final Special Assessment District
Ordinance which will include a legal description and a map of the I
District boundary. The cost of the improvements will be spread
among the property owners based upon their pro rata share of said I
costs . Costs will become payable by the future user(s ) upon
issuance of a City permit authorizing the future user(s) to
construct improvements that would allow the users property to derive
direct benefit from these facilities . The method of assessment to
be used will be one of or a combination of the following methods, '�
unless otherwise approved or directed by the Renton City Council:
a. front foot method
b. zone front foot method
c. square footage method '
d. trip generation. (traffic) method .
e. other equitable method, \as determined by the City
f. any combination of the above methods
The method(s) used and the dollar amount(s) will be included in
the final Special Assessment District Ordinance. �
B. FINAL NOTICE OF CITY HELD LATECOMER' S AGREEMENT: The City
Council receives the final Special Assessment District Ordinance and
if it approves the Ordinance, directs the staff to send out notices
of the potential special assessment and of the right to appeal . The
City Council retains the right to rule on final action. Following
Council acceptance of the final Special Assessment District
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ORDiNANCE NO. 4 4 4 4
Ordinance, the City Clerk shall mail a notice to all owners of
' record of property within the Special Assessment District boundary.
The notice shall include the final assessment per unit charge, the
legal description and a map of the Special Assessment District
boundaries, and the description of the property owners ' rights and
options to participate in the latecome'r agreement.
C. APPEAL: Within 20 days of the date of the mailing, any
property owner may submit an appeal in writing to the Renton City
Council, c/o City Clerk. An appeal must include a statement of
claimed errors concerning the proposed assessment, and must be
accompanied by a $75 . 00 nonrefundable fee. Errors which are not set
forth in writing and which do not adhere to the above criteria, will
not be considered.
Objections by a benefiting property owner to the recording of a
potential assessmer�t against their property does not constitute a
valid appeal.
Errors identified in an appeal must be related to cost,
methodology for cost distribution, and benefit. to the property.
1 ., Cost
If the benefiting property owner contests these costs, they
must provide a basis for their claimed discrepancy.
(Estimate from contractor or other reliable sources )
2 . Costs Methodoloqry
If the benefiting property owner contests the cost
methodology used, they have to show why it is not equitable
and provide their suggested alternate method of assessment
and the justification for its use in place of the staff
recommended method. �
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ORDINANCE NO. Q 4 4 4
3 . Benefit
If a benefiting property owner contest benefit they must
provide a statement or documentation on why a particular
parcel has no future potential benefit.
Upon receipt of an appeal and the required fee, the City Clerk shall '
transmit the appeal and the official file to the hearing examiner
for consideration at a public hearing. The City Council may
delegate to the hearing examiner the duty to hold the requisite
public hearing, establish the record, and provide a written report
containing a recommendation to the City Council. Following the
public hearing, the hearing examiner shall issue a written
recommendation which is mailed to parties of record. Any party of
record may request reconsideration within fourteen ( 14) days of the
issuance of the hearing examiner ' s report. Following expiration of
the reconsideration period, the hearing examiner shall submit his
w'ritten recommendation to the City Council on the council meeting
agenda for concurrence. The City Council shall concur with, alter
or deny the hearing examiner' s recommendation.
D. COUNCIL ACTION: If no appeal is filed, the City Council.' s
initial approval shall grant the City-held latecomer' s agreement and
authorize the Mayor and City Clerk to execute the Ordinance. If an
appeal is filed and if delegated to the hearing examiner for
hearing, and the Council concurs with specific recommendations made
by, the hearing examiner as a result of the public hearing, these
conditions shall be incorporated into the City Special Assessment
:District Ordinance. Following approval, alteration or denial of the
hearing examiner ' s recommendation on the appeal, the Council shall
grant the City-held latecomers agreement and authorize the Mayor and
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ORDINANCE NO. 4 4 4 4
City Clerk to sign and record the Ordinance.
9-16-10: ORDINANCE FINALITY: Once the Special Assessment
District Ordinance together with a legal description and a map of
the District boundary are recorded in the appropriate county
auditor ' s office, it shall be binding on owners of record within the
assessment area. The Ordinance shall be recorded within thirty (30)
�days of final execution by City officials and become effective 30
days after date of publication.
, 9�16-11: RELEASE OF ASSESSMENT: When funds are received for a
Special Assessment District fee, the City will post said payment on
the City' s assessment data base for the real property owned by the
party paying the Special Assessmenti fee, within thir.ty ( 30) days of
receipt of the funds . An individual certificate of. payment will not
be recorded with King County. The City will record a certificate of
payment and release of assessment for the entire Special Assessment
. District .when a11 the properties have paid. their..assessment.
" , 9-16-12: TERM OF LIFE: The assessments within a Special
District Ordinance, when authorized by City Council, run
indefinitely or until paid.
SECTION II. This Ordinance shall be effective upon its
passage, approval, and thirty days after publication.
PASSED BY THE CITY COUNCIL this 28th day of March ,
1994 .
.
Marilyn J. ersen, City Clerk
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ORDiNANCE NO. 4 4 4 4
APPROVED BY THE MAYOR this 28th day of March , 1994 .
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Approved s to form: Earl C1 � r, Mayor
r
Lawre e . a , i ttorney
Date of Publication: April 1 , 1994
ORD. 326: 3-14-94 :as .
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