Ordinance 2842-05 - Laserfiche WebLink

• Section 18. COLLECTION/FORECLOSURE. Whenever any annual assessment under this ordinance shall be delinquent for more than thirty days, the entire annual assessment shall be due and payable and shall constitute a lien on the property assessed, and the collection thereof may be enforced through foreclosure action on the property assessed in the manner as provided for collection and foreclosure of local improvement district assessments pursuant to Title 35 RCW, including but not limited to Chapters 35.44, 35.49, and 35.50, and applicable provisions of the Everett Municipal Code. Alternatively, or as a cumulative remedy, the delinquent assessment may be collected from the owner liable therefor by civil action in either district or superior court. Section 19. TERMINATION OF BIA. The BIA and the special assessment levy therefor shall terminate within one year (or such longer period as set forth in the termination petition) from the date of submission to the City of a petition containing the signatures of the owners of property in the BIA who pay fifty percent or more of the annual special assessment amount for the BIA, requesting termination of the BIA and special assessment levy, or by Resolution and Ordinance of the City Council. The BIA and the special assessment levy therefor shall continue for a period of five years unless, at least ninety days prior to such termination, a petition is submitted to the City requesting the continued existence of the BIA, with such petition containing the signatures of the owners of property in the BIA who will pay fifty percent or more of the annual special assessment for the BIA. Section 20. CHANGES IN BUDGET. If the City Council finds that: (1) by reason of changed conditions or unanticipated circumstances, it is in the best interest of the participants in the BIA to provide changes to the approved budget; or (2) changes in the approved budget are necessary in order to best meet the objectives or purposes for which the BIA was formed; or (3) the total assessments collected are greater or less than anticipated, or the actual cost of a particular program or service is greater or less than anticipated, then the City Council may, by ordinance, amend the budget and reallocate the funding for the particular programs or services to be provided, and to provide funding for such other purposes as may be necessary, as determined by the City Council, to best serve the purposes for which the BIA was formed, in light of the conditions or unanticipated circumstances which then exist. Section 21. DISESTABLISHMENT OF AREA-ASSETS AND LIABILITIES. In accordance with RCW 35.87A.190, upon disestablishment, termination and dissolution of the BIA, any proceeds of the special assessments or assets acquired with such proceeds, or liabilities incurred as a result of the formation of such BIA, shall be subject to disposition as the City Council shall determine; provided, however, that any liabilities, either current or future, incurred as a result of action taken to accomplish the purposes of RCW 35.87A.010 or the purposes of the BIA shall not be an obligation of the General Fund or any special fund of the City of Everett, but 8