Agenda - Council - 10/25/2016 - Laserfiche WebLink

Home

11 MINNESOTA STATUTES 2016 429.061 property or property taxes on a gross earnings basis,every property owner whose name does not appear on the records of the county auditor or the county treasurer shall be deemed to have waived such mailed notice unless the owner has requested in writing that the county auditor or county treasurer, as the case may be, include the name on the records for such purpose. Such notice shall state 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 the file with the clerk, and that written or oral objections thereto by any property owner will be considered. The notice must also state that no appeal may be taken as to the amount of any assessment adopted pursuant to subdivision 2, unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The notice shall also state that an owner may appeal an assessment to district court pursuant to section 429.081 by serving notice of the appeal upon the mayor or clerk of the municipality within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. The notice shall also inform property owners of the provisions of sections 435.193 to 435.195 and the existence of any deferment procedure established pursuant thereto in the municipality. In addition, the notice mailed to the owner must state in clear language the following information: (1)the amount to be specially assessed against that particular lot,piece, or parcel of land; (2)adoption by the council of the proposed assessment may be taken at the hearing; (3)the right of the property owner to prepay the entire assessment and the person to whom prepayment must be made; (4)whether partial prepayment of the assessment has been authorized by ordinance; (5)the time within which prepayment may be made without the assessment of interest; and (6)the rate of interest to be accrued if the assessment is not prepaid within the required time period. Subd. 2. Adoption; interest.At such meeting or at any adjournment thereof the council shall hear and pass upon all objections to the proposed assessment, whether presented orally or in writing. The council may amend the proposed assessment as to any parcel and by resolution adopt the same as the special assessment against the lands named in the assessment roll.Notice of any adjournment of the hearing shall be adequate if the minutes of the meeting so adjourned show the time and place when and where the hearing is to be continued. The council may consider any objection to the amount of a proposed assessment as to a specific parcel of land at an adjourned hearing upon further notice to the affected property owner as it deems advisable.At the adjourned hearing the council or a committee of it may hear further written or oral testimony on behalf of the objecting property owner and may consider further written or oral testimony from appropriate city officials and other witnesses as to the amount of the assessment. The council or committee shall prepare a record of the proceedings at the adjourned hearing and written findings as to the amount of the assessment. The amount of the assessment as finally determined by the council shall become a part of the adopted assessment roll. No appeal may be taken as to the amount of any assessment adopted under this section unless written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing.All objections to the assessments not received at the assessment hearing in the manner prescribed by this subdivision are waived,unless the failure to object at the assessment hearing is due to a reasonable cause. Copyright©2016 by the Revisor of Statutes,State of Minnesota.All Rights Reserved.