Local Improvements and Works Generally

ORS 223.114
Economic improvement

  • assessment ordinance


(1)

A council may enact an ordinance establishing a procedure to be followed by the city in making assessments for the cost of an economic improvement upon the lots which are specially benefited by all or part of the improvement.

(2)

In any ordinance adopted under subsection (1) of this section, a city shall not be authorized to:

(a)

Levy assessments in an economic improvement district in any year that exceed one percent of the real market value of all the real property located within the district.

(b)

Include within an economic improvement district any area of the city that is not zoned for commercial or industrial use.

(c)

Levy assessments on residential real property or any portion of a structure used for residential purposes. [1985 c.576 §2; 1989 c.1018 §3; 1991 c.459 §350; 1991 c.902 §5]
§§ 223.112 to 223.132

Notes of Decisions

Assessment ordinance is legislative decision, not quasi-judicial decision that only may be challenged by writ of review. Kozak v. City of Bend, 231 Or App 163, 217 P3d 1118 (2009)

Chapter 223

Notes of Decisions

Fact that ordinance, which charged fee to property owners taking advantage of privilege of making connection to city water system, specified that payment would be secured by liens which would be "enforced" in matter provided by this chapter did not, of itself, show that such charges were "assessments." Montgomery Brothers v. City of Corvallis, 34 Or App 785, 580 P2d 190 (1978)

Circuit court has jurisdiction to determine merits of assessment, but cannot address whether assessment is subject to constitutional limits on property taxes. Martin v. City of Tigard, 14 OTR 517 (1999), aff'd 335 Or 444, 72 P3d 619 (2003)

State statutory procedures for financing local improvements are not exclusive and do not displace consistent local procedures. Baker v. City of Woodburn, 190 Or App 445, 79 P3d 901 (2003), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021