3.06.040 Assessment and collection of costs.
A. On completion of the construction, the finance director shall determine the cost as defined in BC 3.02.050. The finance director shall send a bill for the costs by regular mail to the owner of the property or the owner’s agent to the same address as the notice to construct, or to any later address known to the finance director. The bill shall also include a notice advising the property owner of the requirements of subsections B, C and D.
B. The property owner must, within 30 days of the date of mailing, either:
1. pay the bill in full; or
2. sign an agreement to pay the bill in installments; or
3. file a written protest of the billing with the city recorder. A written protest shall not be deemed timely unless actually received by the city recorder within 30 days of the date of mailing of the notice provided for in subsection A.
C. Beginning 30 days from the date of mailing of the notice any unpaid bill will accrue interest at the then prevailing prime rate per annum until paid. This provision shall apply even if a written protest is filed.
D. Thirty days from the date of mailing of the notice, the finance director is authorized to place a lien on the property unless a written protest has been timely filed with the city recorder.
E.
1. Upon timely receipt of a written protest from the property owner as provided in subsection A of this section, the city recorder shall place the matter on the council agenda for hearing, and shall notify the property owner, the finance director and city engineer of the date of the meeting.
2. The finance director shall report to the council the costs for work done showing the description of the property and the owner of each lot, part of lot or parcel of land for which the work was done.
3. The property owner may give oral or written testimony on the costs of the improvement.
4. If the council finds the costs reported to be reasonable, it shall approve them by order and authorize the finance director to enter the costs together with any accrued interest as an assessment on the City lien docket.
5. Within 30 days of council approval, the owner of the assessed property may apply to pay the assessment and accrued interest in installments.
F. An agreement to pay either an original bill or a council approved assessment in installments, shall contain the following provisions:
1. a provision for interest at the then prevailing prime rate per annum, except that in the case of a council approved assessment, the interest rate shall continue to be the same as originally established under subsection C;
2. a provision for installments for a period not to exceed five years;
3. a provision that an installment shall be deemed past due if not received within 30 days of the due date;
4. a provision that if any installment is past due, the City may terminate the installment agreement and if so terminated, the entire amount plus interest, less any amount paid, shall become immediately due. Failure to strictly enforce this provision shall not constitute a waiver of any right as to subsequent past due installments.
G. Foreclosure proceedings may be initiated to collect any lien due more than 30 days.