§ 740.108. Property owner's petition that lien is incorrect; hearing and Council approval.
Latest version.
A person owning a parcel of property or owning an interest therein on which a lien
is claimed under this Chapter shall have the right at any time within 30 days after
the publication of the notice covering his property to present to the Council a sworn
petition stating his interest in the property and alleging that, in the opinion of
the petitioner, the cost of the construction or repair of the sidewalk, curb or gutter
as entered in the Street Improvement Lien Book exceeds the actual cost thereof or
is otherwise erroneously entered or exceeds special benefits accruing to the parcel
of property affected by the lien. If it appears to the Council, after a consideration
of the petition and inquiry into the facts, that the amount of the lien is incorrect
or exceeds a special benefit accruing to the parcel of property, then it shall direct
the Tax Collector to make the necessary correction in the Street Improvement Lien
Book to fix the amount to be charged against the parcel of property. The Tax Collector
shall notify the Public Works Department of corrections made in the Street Improvement
Lien Book. In cases where no petition is filed within the time allowed herein, the
amount of the lien, together with interest thereon, shall, upon approval and confirmation
by resolution of the Council, stand fixed as the amount of the City's lien. In all
cases where a petition is filed within the required time, the amount of the lien as
approved by the Council, together with interest thereon, shall, upon approval and
confirmation by resolution of the Council, stand fixed as the amount of the City's
lien. Upon approval of the liens by resolution of the Council, the Tax Collector,
after having made all corrections as determined by the Council to be necessary to
equalize the assessments in proportion to the benefits, shall indicate Council approval
thereof in the Street Improvement Lien Book. After Council approval, liens shall stand
as true and correct.
