Love Sidewalks/Hate Special Assessments

Wisconsin Statutes prescribe the procedures by which cities must follow to specially assess property for local improvements. The Wisconsin Supreme Court, discussing special assessment procedures, has stated that "[t]he power of a municipality to levy an assessment against a private owner is one which exists by right of statute, and the restrictions of the statute must be met if the assessment is to be deemed valid." Elaborating on this point, the court has further declared that "[a] special assessment, to be valid, must be levied pursuant to and in strict compliance with the statutory powers of a municipality." Municipal statutory powers to impose special assessments include both the complete procedure set forth in Wis. Stats. § 66.0703 and the power to adopt an ordinance setting forth a local special assessment procedure under Wis. Stats. § 66.0701. Chief among the requisite procedures are notice and hearing. Failure to comply with mandated procedures may result in the voidance of the special assessment.
The Council is being asked to pass the preliminary resolution that establishes the 2012 sidewalk project area as Stony Road and Plainview Terrace. This resolution authorizes staff to start the plans and develop estimated assessments.
For sidewalk projects, the Public Works Board conducts preliminary public hearings to discuss the project and the proposed special assessments. All affected property owners are notified by mail of the public hearings. The notice includes a brief description of the project and an estimate of the total cost. At the preliminary public hearing, the Board will hear all interested persons regarding the proposed assessments and will consider all written objections and statements before the final plans are prepared for the City Council.
The Board decides whether or not to recommend the proposed assessment to the City Council. It then goes to the City Council for public hearing and Council action in accordance with Wis. Stats. § 66.0703.
This Resolution is the actual start of the process. Staff will use this resolution as authorization to start preparing a set of design plans for comment at the final resolution public hearing.