CHAPTER VII.  SPECIAL ASSESSMENTS POWERS
	Section 7.1  The Council shall have the power to determine the necessity
	of any local or public improvement and to determine that the whole or any
	part of the expense shall be defrayed by special assessment upon the
	property especially benefited, provided that, in each case, such special
	assessments shall be based upon or be in proportion to benefits
	derived or to be derived.
Cross-reference:
	Public improvements, see §§ 33.01 et seq. of the City Code
Statutory reference:
	Special assessment hearings, additional state law requirements,
	see M.C.L.A. §§ 211.741 et seq.

POWERS - LIMITATIONS
	Section 7.2  The Council shall, in the exercise of its powers of special
	assessment, have power to provide for the following, but this list shall
	not be exclusive:

	7.2:1  For the payment of special assessments in annual installments
	not to exceed fifteen (15) in number, the first (1st) such installment to be
	due either upon confirmation of the special assessment roll or on the
	following July first (1st) and subsequent installments to be due on July
	first (1st) of succeeding years and to be placed upon the annual city tax
	roll, and for an interest charge until the due date of each such deferred
	installment not to exceed six per cent (6%) per year, subject to the right
	of advance payment of any such installment with interest only to the date
	of payment.

	7.2:2  For making additional pro rata assessments when any special
	assessment roll proves insufficient to pay for the improvement for which
	it was levied and the expenses incident thereto, provided that the additional
	pro rata assessment shall not exceed twenty five per cent (25%) of the
	assessment as originally confirmed unless a meeting of the Council be
	held to review such additional assessment, for which meeting notices
	shall be mailed as provided in the case of review of the original special
	assessment roll.

REQUIREMENTS
	Section 7.3  The Council shall prescribe by ordinance the complete
	special assessment procedure governing the initiation of projects,
	preparation of plans and cost estimates, creation of districts, making
	and confirming of assessment rolls, correction of errors in the rolls,
	collection of assessments and any other matters concerning the making
	of improvements by the special assessment method.

	Such ordinance shall be subject to the following provisions:

	7.3:1  No resolution finally determining to proceed with establishing any
	special assessment district for the making of any public improvement
	shall be enacted until cost estimates have been prepared and a public
	hearing has been held for the determination of the public necessity of
	such public improvement, which hearing shall be held not less than ten
	(10) days after notice thereof has been published and sent by first class
	mail to all property owners in the proposed district as shown by the current
	assessment roll of the city.

	7.3:2  No special assessment roll shall be finally confirmed until after a
	meeting of the Council has been held for the purpose of reviewing such
	roll, which meeting shall be held not less than ten (10) days after notice
	thereof has been published and sent by first class mail to all property
	owners in the proposed district as shown by the current assessment roll
	of the city.

	7.3:3  No resolution determining the necessity of a public improvement
	to be financed in whole or in part by special assessment shall be adopted
	except by the affirmative vote of four (4) members of the Council if prior to
	the hearing on public necessity written objections to the public improvement
	have been filed by the owners of property in the district which will be required
	to bear more than fifty per cent (50%) of the amount of such special
	assessment.

	7.3:4  No public improvement to be financed in whole or part by special
	assessment shall be made before the confirmation of the special assessment
	roll for such improvement.

	7.3:5  No special assessment district or districts shall be created by the
	Council for any one public improvement which includes property having an
	area in excess of twenty five per cent (25%) of the total area of the city. No public
	improvement project shall be divided geographically for the purpose of
	circumventing this provision.
Cross-reference:
	Public improvements; special assessment procedures,
	see §§ 33.01 et seq. of the City Code

EXCESS AND DEFICIENCY
	Section 7.4  The excess by which any special assessment proves larger than
	the actual cost of the improvement and expenses incidental thereto may be
	placed in the general fund of the city if such excess is five per cent (5%) or
	less of the assessment, but should the assessment prove larger than
	necessary by more than five per cent (5%), the entire excess shall be
	refunded on a pro rate basis to the owners of the property assessed as
	shown by the current assessment roll of the city. Such refund shall be
	made by credit against future unpaid installments to the extent such
	installments then exist and the balance of such refund shall be in cash. No
	refunds may be made which contravene the provisions of any outstanding
	evidence of indebtedness secured in whole or in part by such special
	assessment.

INVALIDITY
	Section 7.5  Whenever any special assessment shall, in the opinion of the
	Council, be invalid by reason of irregularity or informality in the proceedings,
	or if any court of competent jurisdiction shall adjudge such assessment to
	be illegal, the Council shall, whether the improvement has been made or
	not, or whether any part of the assessments have been paid or not, have
	power to cause a new assessment to be made for the same purpose for
	which the former assessment was made. All proceedings on such
	reassessment and for the collection thereof shall be conducted in the same
	manner as provided for the original assessment, and whenever any sum
	or part thereof levied upon any property in the assessment so set aside has
	been paid and not refunded, the payment so made shall be applied upon
	the reassessment or if the payments exceed the amount of the
	reassessment, refunds shall be made.

COURT JUDGMENTS
	Section 7.6  No judgment nor any act of the Council vacating a special assessment
	shall destroy or impair the lien of the city upon the premises assessed for such
	amount of the assessment as may be equitably charged against the same or as by
	regular mode of proceedings might have been lawfully assessed thereupon.

COURT ACTION - LIMITATION
	Section 7.7  No suit or action of any kind shall be instituted or maintained for the
	purpose of contesting or enjoining the collection of any special assessment:

	7.7:1  Unless within thirty (30) days after the confirmation of the special assessment
	roll written notice is given to the Council of intention to file such suit or action stating
	the grounds on which it is claimed such assessment is illegal.

	7.7:2  Unless such suit or action shall be commenced within sixty (60) days after
	confirmation of the roll.

LIEN FOR PAYMENT
	Section 7.8  Special assessments and all interest and charges thereon from the
	date of confirmation of the roll shall be and remain a lien upon the property assessed
	of same character and effect as the lien created by this charter for city taxes. The
	Council may provide for fees and penalties for late payment or nonpayment of special
	assessments, which fees and penalties shall be a lien and shall be collectible as
	are similar charges upon city taxes. Special assessments, together with any
	accrued fees, penalties and interest, shall be collected in the same manner as city
	taxes.
Cross-reference:
	Special assessment requirements; payments and penalties, see § 33.07 of the
	City Code

RESTRICTIONS ON USE OF MONEY
	Section 7.9  Except as otherwise provided in this charter, moneys raised by
	special assessment for any public improvement shall be credited to a special
	account and shall be used to pay for the costs of the improvement for which the
	assessment was levied and expenses incidental thereto or to repay any money
	borrowed therefor.

REMOVAL OF NUISANCE OR HAZARD
	Section 7.10  When any lot, building or structure within the city, because of the
	accumulation of refuse or debris, the uncontrolled growing of weeds, or age or
	dilapidation, or because of any other condition or happening, becomes, in the
	opinion of the Council, a public hazard or nuisance which is dangerous to the
	health or safety of the inhabitants of the city or those of them residing or habitually
	going near such lot, building or structure, the Council may after investigation, give
	notice to the owner of the land upon which such hazard or nuisance exists, or to
	the owner of the building or structure itself, specifying the nature of the hazard or
	nuisance, and requiring such owner to alter, repair, tear down, or remove same
	promptly and within a time to be specified by the Council, which shall be
	commensurate with the nature of the hazard or nuisance. If, at the expiration of the
	time limit in said notice, said owner has not complied with the requirements
	thereof, or in any case where the owner of the land or of the building or structure
	itself is not known, the Council may order such hazard or nuisance abated by the
	proper department or agency of the city which is qualified to do the work required,
	and the costs of such abatement, assessed against the lot, premises or
	description of real property upon which said hazard or nuisance was located.
Cross-reference:
	Nuisances, see Chapter 91 of the City Code
	Code for the abatement of dangerous buildings, see § 150.14 of the City Code

MORTGAGE IN LIEU OF PAYMENT
	Section 7.11  The Council may provide for the deferred payment of special
	assessments from persons who, in the opinion of the Council and City Assessor,
	by reason of poverty, are unable to contribute toward the cost thereof. In all such
	cases, as a condition to the granting of such deferred payments, the city shall
	require mortgage security on the real property of the beneficiary, payable upon
	his death.

NOTICE - FAILURE
	Section 7.12  Failure to mail or receive any notice required to be so sent by
	this charter or by ordinance shall not invalidate any special assessment or
	special assessment roll.