Chapter 35.73 RCW

STREET GRADESSANITARY FILLS

Sections

35.73.010AuthorityFirst and second-class cities.
35.73.020EstimatesIntentionProperty includedResolution.
35.73.030HearingTime ofPublication of resolution.
35.73.040OrdinanceAssessments.
35.73.050Lien of assessments.
35.73.060Improvement district bondsIssuance.
35.73.070Improvement district bondsPaymentRemedies.
35.73.080Provisions not exclusive.


AuthorityFirst and second-class cities.

If a city of the first or second class establishes the grade of any street or alley at a higher elevation than any private property abutting thereon, thereby rendering the drainage of such private property or any part thereof impracticable without the raising of the surface of such private property, or if the surface of any private property in any such city is so low as to make sanitary drainage thereof impracticable and it is determined by resolution of the city council of such city that a fill of such private property is necessary as a sanitary measure, the city may provide therefor, and by general or special ordinance or both make provision for the necessary surveys, estimates, bids, contract, bond and supervision of the work and for making and approving the assessment roll of the local improvement district and for the collection of the assessments made thereby, and for the doing of everything which in their discretion may be necessary or be incidental thereto: PROVIDED, That before the approval of the assessment roll, notice shall be given and an opportunity offered for the owners of the property affected by the assessment roll to be heard before such city council in the same manner as in case of assessments for drainage or sewerage in the city.
[ 1965 c 7 § 35.73.010. Prior: (i) 1907 c 243 § 1; RRS § 9426. (ii) 1907 c 243 § 4; RRS § 9429.]



EstimatesIntentionProperty includedResolution.

Before establishing a grade for property or providing for the fill of property, the city must adopt a resolution declaring its intention to do so.
The resolution shall:
(1) Describe the property proposed to be improved by the fill,
(2) State the estimated cost of making the improvement,
(3) State that the cost thereof is to be assessed against the property improved thereby, and
(4) Fix a time not less than thirty days after the first publication of the resolution within which protests against the proposed improvement may be filed with the city clerk.
The resolution may include as many separate parcels of property as may seem desirable whether or not they are contiguous so long as they lie in the same general neighborhood and may be included conveniently in one local improvement district.
[ 1965 c 7 § 35.73.020. Prior: 1907 c 243 § 2, part; RRS § 9427, part.]



HearingTime ofPublication of resolution.

Upon the passage of the resolution the city clerk shall cause it to be published in the official newspaper of the city in at least two successive issues before the time fixed in the resolution for filing protests. Proof of publication by affidavit shall be filed as part of the record of the proceedings.
[ 1965 c 7 § 35.73.030. Prior: 1907 c 243 § 2, part; RRS § 9427, part.]



OrdinanceAssessments.

If no protest is filed, or if protests are filed but the city council after full hearing determines that it is necessary to fill any portion of the private property it shall proceed to enact an ordinance for such improvement. By the provisions of the ordinance, a local improvement district shall be established to be called "local improvement district No. . . . .," which shall include all the property found by the said council to require the fill as a sanitary measure. The ordinance shall provide that such improvement shall be made and shall fix and establish the grades to which the said property and the different portions thereof shall be brought by such improvement, and that the cost and expense thereof shall be taxed and assessed upon all the property in such local improvement district, which cost shall be assessed in proportion to the number of cubic yards of earth and bulkheading required for the different portions of said property included in said improvement district and in proportion to the benefits derived by such improvement: PROVIDED, That the city council may expend from the general fund for such purposes such sums as in its judgment may seem fair and equitable in consideration of the benefits accruing to the general public by reason of such improvement.
[ 1965 c 7 § 35.73.040. Prior: 1907 c 243 § 3, part; RRS § 9428, part.]



Lien of assessments.

Whenever any expense or cost of work has been assessed the amount of such expense and cost shall become a lien upon said lands against which the same are so assessed and shall take precedence of all other liens, except general tax liens and special assessment liens theretofore assessed by the said city thereon and which may be foreclosed in accordance with law in the name of such city as plaintiff. And in any such proceeding if the court trying the same shall be satisfied that the work has been done or material furnished for the fill of such property, a recovery shall be permitted or charge enforced to the extent of the proper proportion of the value of the work or material which would be chargeable on such lot or land notwithstanding any informality, irregularity or defects in any of the proceedings of such municipal corporation or its officers.
[ 1965 c 7 § 35.73.050. Prior: 1907 c 243 § 3, part; RRS § 9428, part.]

NOTES:

Collection and foreclosure of local improvement district assessments: Chapters 35.49, 35.50 RCW.



Improvement district bondsIssuance.

(1) The city may, in its discretion, by general or special ordinance, or both, instead of requiring immediate payment for the said work to be made by the owners of property included in the assessment roll, authorize the issuance of interest bearing bonds or warrants of the local improvement district, payable on or before a date not to exceed twelve years from and after their date. The bonds may be issued subject to call, the amount of the said assessment to be payable in installments or otherwise, and the bonds to be of such terms as may be provided in the ordinances and to bear interest at such rate or rates as may be prescribed in the ordinances. Such bonds or warrants may be of any form, including bearer bonds or bearer warrants, or registered bonds or registered warrants as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such bonds or warrants may be issued and sold in accordance with chapter 39.46 RCW.
[ 1983 c 167 § 62; 1981 c 156 § 9; 1979 ex.s. c 30 § 1; 1965 c 7 § 35.73.060. Prior: 1915 c 87 § 1, part; 1907 c 243 § 5, part; RRS § 9430, part.]

NOTES:

Liberal constructionSeverability1983 c 167: See RCW 39.46.010 and note following.



Improvement district bondsPaymentRemedies.

The bonds or warrants shall be payable only from the fund created by the special assessments upon the property in the local improvement district, and the owner of any bond or warrant shall look only to this fund for the payment of the principal and interest thereof and shall have no claim or lien therefor against the city by which the same was issued except from that fund.
[ 1983 c 167 § 63; 1965 c 7 § 35.73.070. Prior: 1915 c 87 § 1, part; 1907 c 243 § 5, part; RRS § 9430, part.]

NOTES:

Liberal constructionSeverability1983 c 167: See RCW 39.46.010 and note following.



Provisions not exclusive.

The provisions and remedies provided by this chapter for filling lowlands in connection with establishing street grades or for sanitary reasons are cumulative.
[ 1965 c 7 § 35.73.080. Prior: 1907 c 243 § 6; RRS § 9431.]