Ordinance No. 20236 - Laserfiche WebLink

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engineer'sjudgment~ the recorded declaration does not provide adequate security' ~br pasTnent of the owners~ obligations to the city and the alternative method is equitable to alt owners. Absent such express language in an irrevocable petkion, a recorded dectaration~ or a determination by the council that only specific individual units within the planned unit development or condominium specially benefit ~om the improvement and should therefore bear the assessments~ the assessments shall be apportioned and assessed among the individual unks according to the individual unit's proportionate interest in the common elements. Where the foregoing provisions conflict or do not provide sufficient guidance, the city engineer shall make an equitable apportionment of the assessments according to the engineeFs judgment as to proportionate benefit and in a manner that provides adequate security to assure payment of the owners~ financial obligations to the city. (12) Without repeating the notice required by section T185, priorto enactmemof the ordinance levying the assessment required by section 7.190, the proposed assessments for individual parcels of real property calculated under subsections 7.175(2) and T175(3) may be adjusted b~ a w~rkten a~n'eemer~t between the affected owners and the cky engineer provided: (a) No parcel% adjusted proposed assessment exceeds the assessed value of the parcel at the time of the agreement; (b) The proposed adjusted assessment for any parcel subject to subsections 7.160(2) and (3) remains within the limitations imposed reader subsections 7. t 60(2) and (3); and (c) There is no increase in the city's share of project costs or in assessments to other parcels within the prQect whose owners were not a party to the agreement. 7250 Loc vements - Se rgr~ati9n of Assessments. (1) Whenever property assessed as an entire tract under sections 7.055~ 7.130 to 7.270 or 7.465 to 7.565 ~s subsequently subdivided or partitioned, a person owning any of the subdivision or partition and desiring to remove the assessment from the subdivision or to apportion the assessment among the parcels in the partition shall apply to the city finance officer for a segregation of the assessment and a determination of the amount due on that subdivision or partition. (2) The finance officer may thereupon cause an appraisal of the entire subdivision or partition at the owner's cost and shall determine if the segregation can be made wkhout prejudice to the security interest of the city. If there is no prejudice to the city, the finance officer shall upon receiving payment applicable to the segregated portion of the tract~ discharge the lien of the assessm~n{ on that suCdiv~sion or partkioh, brovided~ however~ that if the lien is discharged before it is determined if there w5tl be a rebate or deficit assessment, the owner shall be advised in writing and a notation shall be made in the lien record of the possibility of a rebate or defick assessment. If the finance officer determines that the city would be prejudiced by a segregation requested pursuant to s*absection 7.250(1) or that another provision of this code requires payment in f~2lL payment of the entire assessment fbr the subd Msion or partition shall be a condition precedent to discharge of the lien ofthe assessment. The finance officer shall deny the application in wCking and ddiver or mall by first class mall postage prepald~ the decision to the owner. (3) Any owner aggrieved by the finance officer's decision on an application for segregation of assessment under this section may seek ks review before a hearings official folloMng Ordinance - 11