Heppner City Zoning Code

Unless the context requires otherwise:

ADMINISTRATOR: The city administrator of the city of Heppner.

LOCAL IMPROVEMENT: A. The grading, graveling, paving or other surfacing of any street, or opening, laying out, widening, extending, altering, changing the grade of or constructing any street.

   B.   The construction or reconstruction of sidewalks.

   C.   The installation of ornamental streetlights.

   D.   The installation of underground wiring or related equipment.

   E.   The reconstruction or repair of any street improvement mentioned in this definition.

   F.   The construction, reconstruction or repair of any sanitary or storm sewer, or water main.

   G.   The construction, reconstruction, installation and equipping of a park, playground or city recreation facility.

   H.   Any other local improvement for which an assessment may be made on the property specially benefited.

LOT: Lot, block, or parcel of land.

OWNER: The owner of the title to real property or the contract purchaser of real property of record as shown on the last available complete assessment roll in the office of the county assessor.

RECORDER: The city recorder for the city of Heppner. (Ord. 528-2000, 6-12-2000)

   A.   Whenever the city council deems it expedient to perform any local improvement for which it is anticipated that special assessments will be levied, it shall, by resolution, declare its intention to initiate such improvement and direct that an engineering study of such project be made and that a written project report containing the information in section 11-14-3 of this chapter be filed with the recorder.

   B.   Whenever the city of Heppner has expended funds for the construction of any local improvement and subsequently the city council deems it expedient to initiate a local improvement district in order to levy special assessments against the property benefited by such local improvement, it shall, by resolution, declare its intention to initiate such improvement district and direct that the final plans of this public improvement as constructed together with a written project report containing the information specified in section 11-14-3 of this chapter be filed with the recorder.

   C.   Whenever the owners of fifty one percent (51%) of the abutting property propose a local improvement over an area at least one hundred (100) yards in length or serving an area of at least one hundred (100) square yards and desire to form themselves into an improvement district for the purpose of accomplishing such improvement they may, by written petition filed with the administrator, request the council to declare by resolution the intent of the council to initiate such improvement and to direct the preparation of the study as specified in subsection A of this section. The council, if satisfied that the petition is signed by owners of at least fifty one percent (51%) of the property owned within the proposed district specified in the petition, shall pass the requested resolution unless, by a vote of at least two- thirds (2/3) of the councilors present, the council deems it not in the public interest to comply with the petition.

   D.   No improvements shall be approved under this section unless the total assessed valuation of property within the proposed district exceeds twice the estimated cost of the improvements, unless the affected property owners arrange for alternate security in an amount found by the council sufficient to protect the city in the event of default by property owners on local improvement district bonds. Security can be in the form of lines of credit, mortgages, or other security sufficient to guarantee payment in the event of default. (Ord. 528-2000, 6-12-2000)

The written project report required by section 11-14-2 of this chapter shall contain the following information:

   A.   A full description of the project and its boundaries. Project plans and specifications shall be prepared but need not be filed with the report.

   B.   An estimate of the probable cost of such project (or a statement of the actual cost if the project has been completed) including legal, administrative, construction interest, and engineering costs attributable thereto.

   C.   A map of the proposed local improvement district.

   D.   A recommended method of assessment.

   E.   A description of each lot, or portion thereof, specially benefited by the project with the name and address of the owner thereof, as shown by the last assessment roll of the county.

   F.   The assessed valuation and estimated amount of assessment of each lot or portion thereof specially benefited, together with any unpaid assessments against each lot.

   G.   The construction financing interest rate then currently in effect and the number of the resolution establishing that rate. (Ord. 528-2000, 6-12-2000)

Promptly after the filing of the written project report as required by section 11-14-2 of this chapter, the recorder shall:

   A.   Cause a notice to be published for a period of two (2) successive publications in a newspaper of general circulation in the city. The notice shall state the following:

      1.   That the written project report is on file and may be examined at city hall;

      2.   The date the written project report was filed;

      3.   The estimated probable cost of the proposed improvement or the actual cost of the improvement if it has been completed;

      4.   A description of the proposed improvement district and that a preliminary map of the proposed district may be examined at city hall;

      5.   The time and place of the hearing required by section 11-14-6 of this chapter including a statement that oral objections will be considered at such hearing, but shall not be counted as part of the written remonstrance requirement necessary to suspend the project for six (6) months pursuant to section 11-14-5 of this chapter; and

      6.   That all persons wishing to formally remonstrate against the formation of the district must present their remonstrance in writing in the time and manner set forth in section 11-14-5 of this chapter for them to be considered remonstrances.

   B.   Not less than ten (10) days prior to the hearing required by section 11-14-6 of this chapter, mail to each property owner designated in the written engineering report a notice stating:

      1.   The information set forth in subsection A of this section;

      2.   The recommended method of assessment;

      3.   The estimated amount of assessment for each lot or portion thereof owned by the owner and whether the assessments are being levied prior to construction based upon estimates of project cost or after construction based upon known costs;

      4.   The construction financing interest rate currently in effect and the number of the resolution establishing that rate; and

      5.   The specific procedure for filing remonstrances as provided in section 11-14-5 of this chapter.

   C.   Post a copy of the preliminary map of the proposed improvement district at city hall. (Ord. 528-2000, 6-12-2000)

   A.   Objections by property owners within the proposed district to the formation of the proposed improvement district must be in writing, and filed with the recorder not later than the close of business the day of the hearing set forth in section 11-14-6 of this chapter. Any proposal to levy and collect any special assessment under this chapter shall be suspended for six (6) months upon written remonstrance of two-thirds (2/3) of the owners of property to be assessed.

   B.   Oral objections will be considered at the hearing provided in section 11-14-6 of this chapter. However, oral objections shall not be counted for the purpose of suspending the project as provided in subsection A of this section. (Ord. 528-2000, 6-12-2000)

   A.   After the filing of the written engineering report, but not less than fifteen (15) days after the date of the first publication of notice pursuant to section 11-14-4 of this chapter, the council shall hold a hearing to consider any objections to the proposed improvement district and authorize the formation of the district and initiation of the project if it is so desired.

   B.   After considering any written remonstrances filed and any testimony relating to the proposed district, the city may, by resolution adopt, amend and adopt, or reject the written project report. The council may require a supplementary or further report from the administrator. If the council chooses to adopt, or amend and adopt the report, the resolution setting forth that determination shall at a minimum:

      1.   Form the local improvement district, assign it a number, and establish its boundaries, subject to later change pursuant to the provisions of this chapter.

      2.   Determine the time and manner of construction. The council may provide that the city will do the work or any portion of the work itself.

      3.   Direct that the project be commenced.

      4.   Establish a special account for the receipt and disbursal of monies relating to the project.

      5.   Establish the method of assessment, subject to change pursuant to the provisions of this chapter.

      6.   Place a pending lien upon the benefited property specified in the written project report as adopted. The pending lien shall be recorded in the same manner as the final assessment lien provided in section 11-14-13 of this chapter.

      7.   Establish the construction financing interest rate applicable to the district. (Ord. 528-2000, 6-12-2000)

   A.   At any time the council may determine that the boundaries of a district which has been formed should be modified to include new property benefited by the improvement or exclude property determined not to be benefited.

   B.   The council shall accomplish boundary modifications by amending the resolution which formed the district.

   C.   Prior to adoption of the amending resolution the council shall hold a hearing on the boundary modification. Notice of the hearing shall be given as provided by section 11-14-4 of this chapter.

   D.   The right of property owners to remonstrate against the proposed modification is the same as defined in section 11-14-5 of this chapter for the formation of a district. (Ord. 528-2000, 6-12-2000)

The council may:

   A.   Use any just and reasonable method of determining the extent of any improvement district that is consistent with the benefits derived.

   B.   Authorize payment by the city of all or any part of the cost of such improvement; provided the method selected creates a reasonable relation between the benefits derived by the property specially benefited and the benefits derived by the city as a whole.

   C.   Use any method of apportioning the sum to be assessed among the properties determined to be specially benefited that is just and reasonable.

   D.   At any time prior to the effective date of the ordinance levying the assessments for any district, modify the method adopted in the resolution forming the district if the council determines that a different method is a more just and reasonable method of apportioning the cost of the project to the properties benefited. The time limitation established by this subsection does not apply to reassessment proceedings pursuant to section 11-14-19 of this chapter and the method of assessment may be modified as a part of such proceedings. (Ord. 528-2000, 6-12-2000)

   A.   As soon as the total cost of the project is ascertained, the administrator shall prepare an assessment report on the project, including a recommendation concerning the fair apportionment to the properties specially benefited within the assessment district of the total actual cost, including legal, administrative, construction interest, and engineering costs attributable to the project and a recommendation concerning the Bancroft installment financing rate applicable to the project.

   B.   A map of the assessment district showing the proposed assessments of each lot or portion of land therein shall be posted in the city hall and a notice published in a newspaper of general circulation within the city for two (2) successive weeks stating that the proposed assessments are on file at city hall and requiring all persons having objections to the proposed assessments to present their objections at a meeting of the council which shall be held not less than fifteen (15) days after first publication of such notice.

   C.   It shall be the duty of the recorder to send by mail postpaid to each of those designated in the report of the administrator a notice which sets forth that the map showing the proposed assessments is on file in city hall, the amount of the proposed assessment on a lot or portion of a lot owned by such persons, the recommended Bancroft installment financing rate and requiring objections to the proposed assessments to be presented to the city council at the time specified in the published notice. The notices which are required to be mailed shall be placed in the mail not less than ten (10) days prior to the date set for the meeting of the council to hear objections to the proposed assessments. (Ord. 528-2000, 6-12-2000)

   A.   When the council, after hearing objections to the proposed assessments, has ascertained what it deems to be a fair, just and proper assessment of benefits to the property it determines to be specially benefited, it shall pass an ordinance specifying in detail such assessments and setting the Bancroft installment financing rate applicable to the district.

   B.   If the council at such hearing deems it just and proper to increase the amount of any proposed assessment it shall fix a time for a further hearing on such increase. The recorder shall send notice by mail to each owner shown on the administrator's final report, stating the purpose of the further hearing and giving the date of the hearing.

   C.   After such further hearing, the council may pass an ordinance assessing such increase, and if at the time of such further hearing, the ordinance specifying in detail the final assessments has not yet been passed, the council at that time shall pass such an ordinance levying the final assessments and setting the financing interest rate.

   D.   Promptly after passage of the ordinance levying the final assessments, the city recorder shall cause to be published in a newspaper of general circulation within the city, a notice that such ordinance has been passed and that application for bonding the assessments will be received for thirty (30) days after the effective date of the ordinance. (Ord. 528-2000, 6-12-2000)

When, in the opinion of the council, on account of topographical or physical layout, unusual or excessive public travel, or other character of work involved or when the council otherwise believes the situation warrants it, it may contribute what it deems a fair proportion of the cost of such improvement from general funds of the city, and the amount to be assessed to the property benefited shall be proportionately reduced. Nothing contained in this chapter shall preclude the council from using other available means of financing improvements, including federal or state grants in aid sewer service or other types of service charges, revenue bonds, general obligation bonds, or other legal means of finance. In the event any of such other means of financing are used the council may, in its discretion, levy special assessments pursuant to this chapter to cover any part of the costs of the improvement not covered by such means. (Ord. 528-2000, 6-12-2000)

Owners of any property against which an assessment or reassessment for local improvements has been imposed may seek a review thereof under the provisions of Oregon Revised Statutes 34.010 to 34.102 as now enacted or as may be amended in the future. (Ord. 528-2000, 6-12-2000)

The council, at the time of passing the ordinance levying the final assessment or at any time thereafter, shall by resolution or ordinance direct the city recorder to enter in the docket of city liens the respective amounts assessed upon each particular tract or parcel of land with the names of the record owners thereof. Upon such entry in the lien docket, the amounts so entered shall be immediately due and payable and shall be a lien and charge upon the respective lots, tracts, and parcels of land against which the same are placed. Such liens shall be first and prior to all other liens except as otherwise provided by law. The Bancroft installment financing interest rate applicable to the district shall be charged on all amounts not paid within thirty (30) days from the date of such entry. After thirty (30) days from the date of entry in the lien docket, the city may proceed to foreclose as delinquent any lien which is unpaid or for which arrangements for payment have not been made. The delinquent assessment payment interest rate shall be charged to such sums due. Foreclosure may be in any manner authorized by state statutes for the foreclosure of assessment liens. (Ord. 528-2000, 6-12-2000)

The city council shall have full power and authority to abandon and rescind proceedings for projects pursuant to this chapter at any time prior to the final consummation of such proceedings. (Ord. 528-2000, 6-12-2000)

No assessment made pursuant to this chapter shall be invalid by reason of a failure to give, in any report, in the proposed assessment, in the ordinance making the assessment, in the lien docket or elsewhere in the proceedings, the name of the owner of any lot, tract or parcel of land or the name of any person having a lien upon or interest therein, or by a mistake in the name of any such person, or the entry of a name other than the name of such owner or other person having a lien upon or interest therein, or by a mistake in the name of any such person or the entry of a name other than the name of such owner or other person having a lien upon or interest in such property, or by reason of any error, mistake, delay, omission, irregularity, or other act, jurisdictional or otherwise, in any of the proceedings or steps hereinbefore specified, unless it appears that reasonable notice has not been given of the hearing upon the proposed assessment or that the assessment as made, insofar as it affects the person complaining, is unfair and unjust, and the council shall have power and authority to remedy and correct all such matters by suitable action and proceedings. (Ord. 528-2000, 6-12-2000)

Except for matters modified in this chapter, the provisions of Oregon Revised Statutes 223.205 to 223.295, which are known as the "Bancroft bonding act", are hereby adopted and made a part hereof by reference. (Ord. 528-2000, 6-12-2000)

   A.   Interest on funds expended by the city in connection with the construction or financing of a local improvement shall be charged. There is established for the purpose of computing interest the following distinct interest rate classifications:

      1.   Construction Financing: Interest charged for construction financing begins the date the first funds are expended in connection with a project and ends on the sixtieth day after acceptance of the project by city.

      2.   Bancroft Installment Financing: Interest charged to property owners choosing to pay the assessment in installments under the Bancroft bonding act procedures whose accounts are kept current. Bancroft installment financing interest shall not exceed the rate of the actual or expected bond interest rate plus 1.5 percent.

      3.   Delinquent Assessment Payment: Interest charged to property owners choosing to pay the assessment in installments under Bancroft bonding procedures who fail to pay two (2) consecutive installment payments. This interest rate will be assessed beginning the day after the due date of the second installment payment. The interest due will be computed at this delinquent rate on the entire principal balance and this rate will continue to be charged until all outstanding billings are paid in full. This interest rate is also charged to those property owners not choosing to pay in installments that have not paid pursuant to section 11-14-13 of this chapter. For such accounts the rate begins on the thirty first day after entry of the assessment in the lien docket and is computed from the original date of entry in the lien docket.

   B.   The council shall, by resolution, establish the interest rate applicable to each classification identified in subsection A of this section. Such interest rate shall not exceed the maximum allowed by any applicable law. In the event that the rate established is found to exceed such legal maximum then that maximum shall be used as the applicable rate until the resolution establishing rates is revised. (Ord. 528-2000, 6-12-2000)

Whenever an application has been made under the provisions of section 11-14-16 of this chapter (and the Bancroft bonding act as therein adopted), and the application has been accepted and the payment of the assessment has been in fact financed by such procedure, the lien of such assessment may be segregated upon the following terms and conditions:

   A.   The property for which the segregation is to be made shall have been assessed as a unit and entered accordingly in the docket of liens.

   B.   There shall be no delinquent installments of principal or interest on the assessment of the entire parcel.

   C.   Written application shall be made to the city in such form as may be required, and such applications shall be accompanied by the fees established as provided below.

   D.   If the administrator determines that the lien may be segregated and divided without prejudice to the overall security of the entire balance owed, he shall establish an equitable division of the assessment based upon the original assessment formula and the preservation of the security interest. Such segregation shall describe the various parcels of the entire tract and the amount of the assessment to be apportioned to each parcel. The administrator may require that the portion of the assessment segregated and apportioned to a particular parcel be paid in full before the remaining parcels shall be relieved of liability for payment of that portion of the lien.

   E.   If application is approved and the fees paid, the administrator shall certify the facts to the city recorder. Thereupon, upon compliance with any conditions of payment, the city recorder shall cause appropriate entries to be made in the docket of liens segregating the total assessment. When such entries are made, the lien shall thereby be segregated and divided, and shall constitute a lien only in the amounts and as to the parcels thereby provided.

In order to help defray the costs of investigation, preparing legal descriptions, calculating an equitable division of the assessment and making lien docket entries, the city council may by resolution establish and from time to time amend a schedule of fees to be paid with any application filed under this section. Such fees shall not be refundable if the application is disapproved or the applicant withdraws his application. (Ord. 528-2000, 6-12-2000)

Whenever all or part of an assessment or reassessment for any local improvement is declared void or set aside for any reason, or its enforcement refused by any court, whether directly or by any decision of such court and whenever the council shall be in doubt as to the validity of such assessment or reassessment, the council may make a new assessment. The reassessment procedures for making the new assessment shall insofar as possible follow the same procedures as provided for making an initial assessment as set forth in this chapter. The new assessment shall not be limited to the amounts included in the original assessments, nor shall it be limited to the property embraced in the original assessment if the council finds that additional property is specially benefited and subject to assessment. Credit shall be allowed on the new assessment for any payments made on the original assessment, such payments to be credited as of the date of payment. Interest on the original assessments may be included in the new assessment to the extent that the new assessment includes amounts also included in the original assessment; or if the council deems it more equitable to do so, it may include as part of the overall assessable project costs interest, not exceeding the construction financing interest rate in effect and applicable to the district at the time of the original proceedings in connection with the district, on monies paid by the city in connection with the construction or financing of the project. (Ord. 528-2000, 6-12-2000)