_______________________________________________
SUBSTITUTE HOUSE BILL 1955
_______________________________________________
Passed Legislature - 1994 Regular Session
State of Washington 53rd Legislature 1993
Regular Session
By
Read first time 03/03/93.
Concerning hearings related to
improvement districts.
AN ACT Relating to
hearings related to improvement districts; amending RCW 35.44.070 and
35.43.140; and adding new sections to chapter 36.88 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 35.44.070 and 1979
ex.s. c 100 s 1 are each amended to read as follows:
The assessment roll for
local improvements when prepared as provided by law shall be filed with the
city or town clerk. The council or other legislative authority shall thereupon
fix a date for a hearing thereon before such legislative authority or may
direct that the hearing shall be held before a committee thereof or the
legislative authority of any city ((having a population of 15,000 or more))
or town may designate an officer to conduct such hearings. The
committee ((of [or])) or officer designated shall hold a hearing
on the assessment roll and consider all objections filed following which the
committee or officer shall make recommendations to such legislative authority
which shall either adopt or reject the recommendations of the committee or
officer. If a hearing is held before such a committee or officer it shall not
be necessary to hold a hearing on the assessment roll before such legislative
authority((: PROVIDED, That)). A local ordinance shall provide
for an appeal by any person protesting his or her assessment to the legislative
authority of a decision made by such officer. The same procedure may if so
directed by such legislative authority be followed with respect to any
assessment upon the roll which is raised or changed to include omitted
property. Such legislative authority shall direct the clerk to give notice of
the hearing and of the time and place thereof.
Sec. 2. RCW 35.43.140 and 1989 c
243 s 2 are each amended to read as follows:
Any local improvement
to be paid for in whole or in part by the levy and collection of assessments
upon the property within the proposed improvement district may be initiated by
a resolution of the city or town council or other legislative authority of the
city or town, declaring its intention to order the improvement, setting forth
the nature and territorial extent of the improvement, containing a statement
that actual assessments may vary from assessment estimates so long as they do
not exceed a figure equal to the increased true and fair value the improvement,
or street lighting, adds to the property, and notifying all persons who may
desire to object thereto to appear and present their objections at a time to be
fixed therein.
In the case of trunk
sewers and trunk water mains the resolution must describe the routes along
which the trunk sewer, subsewer and branches of trunk water main and laterals
are to be constructed.
In case of dikes or
other structures to protect the city or town or any part thereof from overflow
or to open, deepen, straighten, or enlarge watercourses, waterways and other
channels the resolution must set forth the place of commencement and ending
thereof and the route to be used.
In the case of
auxiliary water systems, or extensions thereof or additions thereto for
protection of the city or town or any part thereof from fire, the resolution
must set forth the routes along which the auxiliary water system or extensions
thereof or additions thereto are to be constructed and specifications of the
structures or works necessary thereto or forming a part thereof.
The resolution shall be
published in at least two consecutive issues of the official newspaper of the
city or town, the first publication to be at least fifteen days before the day
fixed for the hearing.
The hearing herein
required may be held before the city or town council, or other legislative
authority, or before a committee thereof. The legislative authority of a city
((having a population of fifteen thousand or more)) or town may
designate an officer to conduct the hearings. The committee or hearing officer
shall report recommendations on the resolution to the legislative authority for
final action.
NEW SECTION. Sec.
3. A new section is added
to chapter 36.88 RCW to read as follows:
In lieu of the county
legislative authority holding the hearing under RCW 36.88.060 to create the
road improvement district, the county legislative authority may adopt an
ordinance providing for a committee of the county legislative authority or an
officer to conduct the hearings. The committee or hearing officer shall report
recommendations on the resolution to the full county legislative authority for
final action, which need not hold a hearing on the proposed assessment role and
shall either adopt or reject the recommendations.
NEW SECTION. Sec.
4. A new section is added
to chapter 36.88 RCW to read as follows:
In lieu of the county
legislative authority holding the hearing on assessment roll under RCW
36.88.090 as the board of equalization, the county legislative authority may
adopt an ordinance providing for a committee of the county legislative
authority or an officer to conduct the hearing on the assessment roll as the
board of equalization.
A
committee or an officer that sits as a board of adjustment shall conduct a
hearing on the proposed assessment roll and shall make recommendations to the
full county legislative authority, which need not hold a hearing on the
proposed assessment roll and shall either adopt or reject the recommendations.
The ordinance shall provide for an appeal procedure by which a property owner
may protest his or her assessment that is proposed by the committee or officer
to the full county legislative authority and the full county legislative
authority may reject or accept any appealed protested assessment and if
accepted shall modify the assessment roll accordingly.
