Agenda - Council - 03/13/2012 - Special

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against property as a special assessment under Minn. Stat. § 429.101 for certification to the County Auditor along with current taxes. . 5. Minn. Stat. § 429.061 requires notice of the special assessment hearing to be mailed to the affected property owner and published in a legal newspaper at least two weeks.prior to the special assessment hearing. The notice must state the following: • The date, time, and place of such meeting; • The general nature of the improvement; • The area proposed to be assessed; • • The total amount of the proposed assessment; • That the proposed assessment roll is on file with the clerk; and • That written or oral objections to the assessment by any property owner will be considered at the hearing. In addition, the notice mailed to the owner must state in clear language the following: • The amount to be specially assessed against that particular lot, piece, or parcel of land; • Adoption by the council of the proposed assessment may be taken at the hearing; • The property owner has a right to prepay the entire assessment and the person to whom prepayment must be made; • Whether partial prepayment of the assessment has been authorized by ordinance; • The time within which prepayment may be made without the assessment of interest; and • The rate of interest to be accrued if the assessment is not prepaid within the required time period. 6. Strict compliance with the notice provisions of Mirm. Stat. § 429.061 is a jurisdictional prerequisite to the adoption of a special assessment. Klemperer v. Town of Center, 346 N.W.2d 133, 136 (Minn. 1984). However, where a property owner engages in an overt act that is inconsistent with the right to proper notice, coupled with knowledge of the right to object, the right to object to defective notice is waived. Id. at 136 -37. 14