ORS 223.389
Procedure in making local assessments for local improvements


(1)

The governing body of a local government may prescribe by ordinance or resolution the procedure to be followed in making estimated assessments and final assessments for benefits from a local improvement upon the lots that have been benefited by all or part of the local improvement, to the extent that the charter of the local government does not prescribe the method of procedure. In addition, in any case where the charter of a local government specifies a method of procedure that does not comply or is not consistent with the requirements of the Oregon Constitution, the governing body of the local government may prescribe by ordinance or resolution the procedure that shall comply and be consistent with the requirements of the Oregon Constitution, and the provisions of the ordinance or resolution shall apply in lieu of the charter provisions.

(2)

Intentionally left blank —Ed.

(a)

The ordinance or resolution prescribing the procedure shall provide for adoption or enactment of an ordinance or resolution designating the local improvement as to which an assessment is contemplated, describing the boundaries of the district to be assessed. Provision shall be made for at least 10 days’ notice to owners of property within the proposed district in which the local improvement is contemplated. The notice may be made by posting, by newspaper publication or by mail, or by any combination of such methods. The notice shall specify the time and place where the governing body will hear and consider objections or remonstrances to the proposed local improvement by any parties aggrieved thereby.

(b)

If the governing body determines that the local improvement shall be made, when the estimated cost thereof is ascertained on the basis of the contract award or the departmental cost of the local government, the governing body shall determine whether the property benefited shall bear all or a portion of the cost. The recorder or other person designated by the governing body shall prepare the estimated assessment to the respective lots within the assessment district and file it in the appropriate office of the local government. Notice of the estimated assessment shall be mailed or personally delivered to the owner of each lot proposed to be assessed. The notice shall state the amounts of the estimated assessment proposed on that property and shall fix a date by which time objections shall be filed with the recorder. Any objection shall state the grounds for the objection. The governing body shall consider the objections and grounds and may adopt, correct, modify or revise the estimated assessments.

(c)

The governing body shall determine the amount of estimated assessment to be charged against each lot within the district, according to the special and peculiar benefits accruing to the lot from the local improvement, and shall by ordinance or resolution spread the estimated assessments. [1959 c.219 §2; 1991 c.902 §37; 2003 c.802 §28]

Source: Section 223.389 — Procedure in making local assessments for local improvements, https://www.­oregonlegislature.­gov/bills_laws/ors/ors223.­html.

Notes of Decisions

The property owner’s allegation that the street for which it was assessed provided only an alternate circuitous access to the main street for which it already had direct access did not overcome the presumption of validity of the assessment. Western Amusement v. Springfield, 21 Or App 7, 533 P2d 825 (1975), aff’d274 Or 37, 545 P2d 592 (1976)

“Special and peculiar benefits” mentioned in this section are those that accrue to real property, not to its current owner. Kerr v. Hallett, 67 Or App 324, 677 P2d 1098 (1984), Sup Ct review denied

Assessment levied according to amount paid by assessing body to property owner for easement was invalid because levied amount was not based on benefit provided to property. Hutchinson v. City of Corvallis, 134 Or App 519, 895 P2d 797 (1995), Sup Ct review denied

223.001
Definitions
223.005
Appropriation and condemnation for public use within and without city limits
223.010
Right of city to enter upon, survey, examine and select property to be appropriated or condemned
223.015
Manner of appropriation or condemnation
223.020
Scope of appropriation
223.105
Proceedings to condemn property for city improvements when owner and city disagree on price
223.112
Definitions for ORS 223.112 to 223.132
223.114
Economic improvement
223.117
Requirements of assessment ordinance
223.118
Remonstrance against assessment
223.119
Advisory committee
223.122
Effect of local improvement districts or urban renewal districts
223.124
Extension of assessment period
223.127
Application of certain assessment statutes to economic improvement districts
223.129
Expenditure of assessment revenues
223.132
Formation of economic improvement districts as additional power of cities
223.141
Definitions for ORS 223.141 to 223.161
223.144
Economic improvement district
223.147
Requirements of business license fee ordinance
223.151
Advisory committee
223.154
Extension of business licensing period
223.157
Expenditure of business license fees
223.161
Effect of local improvement districts or urban renewal districts
223.205
Scope and application
223.207
Purpose of ORS 223.208
223.208
System development and connection charges of local government subject to Bancroft Bonding Act
223.210
Right of property owners to apply for installment payment of assessment
223.212
Right of educational, religious, fraternal or charitable organizations and public corporations to bond the assessment
223.215
Contents of application to pay in installments
223.225
Record of application to be kept
223.230
Lien docket
223.235
Issuance of bonds
223.245
Budget to include bond payments
223.260
Sale of bonds
223.262
Assessment contracts
223.265
Payment of installments
223.270
Procedure for collection on default
223.275
Notice to pay
223.280
Right of owner to prepay balance and discharge lien
223.285
Separate funds kept for moneys received
223.290
Payments entered on lien docket
223.295
Limit on city indebtedness
223.297
Policy
223.299
Definitions for ORS 223.297 to 223.316
223.301
Certain system development charges and methodologies prohibited
223.302
System development charges
223.304
Determination of amount of system development charges
223.307
Authorized expenditure of system development charges
223.309
Preparation of plan for capital improvements financed by system development charges
223.311
Deposit of system development charge revenues
223.313
Applicability of ORS 223.297 to 223.316
223.314
Establishment or modification of system development charge not a land use decision
223.316
Local governments required to make system development charge information public
223.317
Apportionment of special assessment among parcels in subsequent partition of tract
223.322
Proration of unpaid installments
223.327
Procedure for equitable apportionment by ordinance or regulation
223.387
Description of real property
223.389
Procedure in making local assessments for local improvements
223.391
Notice of proposed assessment to owner of affected lot
223.393
Estimated and final assessments become liens
223.395
Deficit assessments or refunds when initial assessment based on estimated cost
223.399
Powers of local government concerning assessments for local improvements
223.401
Review of assessment
223.405
Definitions for ORS 223.405 to 223.485
223.410
Authority of governing body to make reassessment
223.415
Basis for, amount and method of reassessment
223.420
Effect of reassessment
223.425
Resolution to reassess
223.430
Publication of notice of reassessment
223.435
Personal notice to each owner
223.440
Hearing on objections
223.445
Reassessment ordinance or resolution
223.450
Lien docket entry
223.455
Right of purchaser at sale under prior assessment
223.462
Review of reassessment
223.485
When reassessment authority inapplicable
223.505
Definitions for ORS 223.505 to 223.595
223.510
Authority to sell property for delinquent liens and assessments
223.515
Preparation, transmission and contents of delinquent list
223.520
Procedure in collecting delinquencies
223.523
Notice of sale
223.525
Conduct of foreclosure sale
223.530
Title of purchaser
223.535
Record of sales
223.540
Payment of sale price
223.545
Purchase by local government in absence of bids
223.550
Certificate of sale
223.555
Lien docket entries mandatory
223.560
Unsold property reoffered
223.565
Procedure and conditions of redemption
223.570
Execution and contents of deed to purchaser
223.575
Legal and evidentiary effect of deed
223.580
Grantee of deed entitled to possession
223.585
Time limitation on actions to recover sold property
223.590
Tender of purchase price in action to recover property
223.593
Alternate redemption procedure
223.594
Lien for water service to certain real property through single water meter
223.595
Validation of prior foreclosure proceedings
223.605
Definition for ORS 223.605 to 223.650
223.610
Foreclosure of certain liens by suits in equity
223.615
Recovery of attorney fees in foreclosure proceeding
223.620
Laws applicable to foreclosure proceedings
223.625
Liens which may be included in foreclosure suit
223.630
Joinder of parties in interest as defendants
223.635
Complaint served on owner
223.640
Allegations of jurisdictional facts
223.645
Right of local government to bid at execution sale
223.650
Redemption
223.680
Local government programs to finance utilities improvements to real property
223.685
Local government programs to finance seismic rehabilitation of real property
223.705
Rebonding of unpaid assessments
223.710
Rebonding application
223.715
Payment of rebonded assessment
223.720
Amount of lien
223.725
Issuance and sale of bonds
223.730
Application of proceeds from sale of bonds
223.735
Debt limitation of local government not applicable
223.740
General provisions applicable
223.745
Scope of power granted
223.750
Enactment of rulemaking ordinances
223.755
Reinstatement of delinquent bonded assessments authorized
223.760
H.O.L.C. bonds accepted in payment of assessment liens
223.765
Bonds accepted as payment for assessment liens
223.770
Assessment of public property benefited by improvements
223.775
Assessment of property of cemetery authority benefited by certain improvements
223.805
Short title of ORS 223.805 to 223.845
223.810
Establishment of motor vehicle parking facilities
223.815
Acquisition of property for parking facilities
223.820
Planning, constructing and contracting for the operation of or leasing parking facilities
223.825
Financing of parking facilities
223.830
Service concessions in parking facilities
223.835
Fees and regulations of parking facilities
223.840
Disposing of property acquired for parking facilities
223.845
Limitation on operation of parking facilities
223.851
Special assessment for street lighting, street maintenance and street cleaning
223.856
Measure imposing assessments
223.861
Basis of assessment
223.866
Levy of assessment
223.876
Charter authority not affected
223.878
Inclusion of property outside city in city assessment for local street improvement
223.880
Public roads included in sidewalk improvement district
223.882
Acquisition of property by city to aid water commerce
223.884
Eminent domain authority within and without city limits
223.886
Loans authorized to finance improvements
223.888
Authority of city to carry out law
223.900
Leasing property to individuals
223.930
Streets along city boundaries or partly within and without city
223.935
Basis for legalization of road
223.940
Proceedings for legalization of roads
223.945
Compensation for property affected by road legalization
223.950
Order under road legalization proceeding
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