§ 53.03. Procedure.

The procedures as set forth in this section are those applicable to special assessments for public improvements, except those undertaken pursuant to R.C. Chapter 729.

A.

Prior to the consideration of any resolution of necessity providing for a public improvement, plans, specifications and profiles of the proposed improvement, and an estimate of the cost of the improvement shall be prepared by the City Engineer and filed in the office of the Clerk of Council and shall remain open to the inspection of all interested persons. Those plans, specifications and profiles shall conform to the requirements of R.C. Chapter 727. Generally, the plans shall be sufficient to show the locations of the streets or other public property to be improved and the specifications shall be sufficient to describe the improvement to be made.

B.

1.

After those plans, specifications, profiles and estimate of cost have been so filed, Council may declare the necessity of the improvement by resolution. The resolution of necessity shall conform to the requirements of R.C. Chapter 727; provided, that Council may make the same determination in the resolution of necessity with regard to improving streets and other public property by providing street cleaning services as is provided in R.C. § 727.09 for other types of improvements. The resolution of necessity shall be published as other resolutions.

2.

The resolution of necessity may also provide for the appointment of an Assessment Equalization Board to hear objections of property owners to the estimated assessments. Except as provided in subsection D of this section, the Assessment Equalization Board shall consist of three disinterested persons selected by the Clerk of Council from the Assessment Equalization Board member list. The Assessment Equalization Board member list shall consist of at least twelve freeholders of the city previously appointed by Council, on an annual basis or more frequently if determined necessary and appropriate by Council, and shall be maintained on file in the Office of the Clerk of Council. The resolution of necessity shall provide that the Clerk of Council shall fix the time and place for the hearing by the Assessment Equalization Board on such objections and shall notify persons so objecting of the time and place of such hearing in accordance with R.C. § 727.16. Notwithstanding these provisions, Council may appoint an Assessment Equalization Board by separate resolution as set forth in R.C. § 727.16.

C.

The City Assessor shall prepare the estimated special assessments for the improvement and file them as required by R.C. Chapter 727. Notice of the adoption of the resolution of necessity and the filing of the estimated special assessments shall be given to affected property owners in accordance with R.C. § 727.13; provided, that the notice of the adoption of the resolution of necessity and the filing of the estimated special assessments for the improvement of streets and other public property by providing lighting or by providing street cleaning services for property owners with estimated special assessments of five hundred dollars or less shall be given by publication in accordance with R.C. § 727.14. Publication of those notices may be made in conjunction with, and may incorporate as part of those notices, the resolution of necessity required to be published pursuant to subsection B of this section. Publication of those notices with the resolution of necessity shall constitute the publication of that resolution. Notice of the adoption of the resolution of necessity and the filing of the estimated special assessments for the improvement of streets and other public property by providing lighting or by providing street cleaning services for property owners with estimated special assessments of greater than five hundred dollars shall be given in accordance with R.C. § 727.13.

D.

Proceedings for the hearing of objections of property owners to the estimated special assessments and the equalization thereof shall be taken as prescribed herein and by R.C. Chapter 727; provided, that objections of property owners to the estimated special assessments for street lighting or street cleaning services and the equalization thereof shall, as provided in the resolution of necessity or otherwise by Council, be heard by an Assessment Equalization Board consisting of:

1.

The Director of Law, or a Deputy or Assistant Director of Law as designated by the Director of Law;

2.

The Director of Finance, an Assistant Director of Finance or other official of the Department of Finance as designated by the Director of Finance;

3.

The Director of Public Service, or a Deputy Director of Public Service as designated by the Director of Public Service;

4.

The Deputy Mayor of Administration or other Deputy Mayor or other city official as designated by the Mayor; and

5.

A citizen of the City of Akron selected by the Clerk of Council from the Assessment Equalization Board member list or as otherwise designated by Council.

E.

Council shall determine to proceed with an improvement as provided by R.C. Chapter 727. This ordinance to proceed may include confirmation and ratification by Council of the Assessment Equalization Board established in accordance with subsection B of this section and approval by Council of the report of that Assessment Equalization Board.

F.

After the completion of any public improvement and after the actual cost of the improvement has been ascertained, the City Assessor shall prepare a final special assessment list showing the amount of the special assessment against each lot or parcel of land to be assessed as shown on the estimated special assessment list and reflecting the actual cost of the improvement. To the extent the rate or amount of the special assessment is not established in the resolution of necessity and to the extent consistent with the uniform special assessment rates established in this chapter, the final special assessment shall be increased or decreased in the same proportion to the estimated special assessment as the actual cost of the improvement bears to the estimated cost of the improvement upon which the estimated special assessments were based. The final special assessment list shall also take into account the report of any assessment equalization board approved by Council in connection with the improvement. The final special assessment list for improvements or projects that include pavement shall be adjusted by the City Assessor to provide credit to affected property owners for, or in an amount equal to, any remaining special assessments against those properties for micropaving. The final special assessment list shall be filed with the Clerk of Council and the City Assessor and a copy thereof shall be retained by the City Engineer.

G.

After the special assessment list has been filed with the Clerk of Council, Council may enact an ordinance levying the special assessments in accordance with R.C. Chapter 727. Upon the expiration of the cash payment period, if any, specified in that ordinance, the special assessments shall be certified to the County Auditor for collection in the manner provided by law.

H.

After the enactment of the ordinance levying the special assessments, the City Assessor shall publish notice of that enactment in accordance with R.C. Chapter 727. For those improvements having a life usefulness of five years or more, the City Assessor shall mail notice letters to the owners of property to whom notice of the passage of the resolution of necessity and filing of estimated special assessments was given pursuant to subsection C of this section. The notice letters shall be addressed to the owners at the same address at which service of such prior notice was made or to which such prior notice was mailed. No notice letters shall be mailed to any owner to whom such prior notice was published. The notice letters shall be mailed within ten days after enactment of the ordinance levying the special assessments. The notice letters shall:

1.

Advise owners of their option to pay in cash the special assessments levied by the ordinance, if they so desire,

2.

If applicable to the improvement, provide information concerning the request for waiver for owners in treatment areas in accordance with § 53.08, and

3.

Notify owners of the availability of the method of paying the special assessments as provided in § 53.09 and that the necessary forms to make application for such method may be obtained from the office of the City Assessor.

(Ord. 441-2005: Ord. 10-2005: Ord. 53-1995)