File #: 2016-0370    Version: 1
Type: Ordinance Status: Passed
File created: 7/18/2016 In control: Transportation, Economy, and Environment Committee
On agenda: Final action: 7/25/2016
Enactment date: Enactment #: 18325
Title: AN ORDINANCE establishing the time of payment, interest, and penalties to be imposed on delinquent annual special assessment for lake management district No. 2 in the Lake Geneva watershed; and declaring an emergency.
Sponsors: Pete von Reichbauer
Attachments: 1. Ordinance 18325.pdf, 2. 2016-0370_SR_LakeGeneva_07-19-16.docx
Staff: Bourguignon, Mary

Title

AN ORDINANCE establishing the time of payment, interest, and penalties to be imposed on delinquent annual special assessment for lake management district No. 2 in the Lake Geneva watershed; and declaring an emergency.

Body

STATEMENT OF FACTS:

1. Ordinance 18282 created the lake management district No. 2 in the Lake Geneva watershed.

2. Ordinance 18282 also required the hearing examiner to hold a public hearing on the proposed special assessment roll and make a recommendation on the assessment roll to the King County council.

3. The examiner held the public hearing on May 26, 2016, and issued a decision on May 27, 2016.

4.  Ordinance 18310 adopted a special assessment roll to fund the approved activities of lake management district No. 2 in the Lake Geneva watershed.

5.  Under RCW 36.61.200, the King County council must establish by ordinance interest and penalties to be imposed on delinquent annual assessments.

                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     SECTION 1.  Findings:  This ordinance must be enacted as an emergency ordinance in order to allow the district to immediately begin the collection process of its special assessments to fund its work program for 2016, as contemplated in the district’s management plan adopted by the council by Ordinance 18228.

                     SECTION 2.  Annual special assessment payments are due on May 10 of each year, except in 2016, when annual special assessment payments are due by September 30.  Interest in the amount of one percent per month shall be imposed on the balance of delinquent special assessments.  Monthly interest shall be charged on June 1 and the first day of each subsequent month, except in 2016, when monthly interest shall be charged on November 1 and the first day of each subsequent month.  The penalty for late payment shall be the minimum required by RCW 36.61.200.

                     SECTION 3.  Under RCW 36.61.230, special assessments, including penalties and interest, imposed within lake management district No. 2 in the Lake Geneva watershed shall be a lien upon property, except publicly owned property, assessed from the time the special assessment roll is placed in the hands of the county treasurer for collection.  The special assessment lien shall be paramount and superior to any other lien or encumbrance theretofore or thereafter created except a lien for general taxes.  The cost associated with filing a lien and any other collection effort shall be borne by the property owner.

                     SECTION 4.  Severability.  If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected

                     SECTION 5.  Any act consistent with the authority and before the effective date of this ordinance is hereby ratified and affirmed.

                     SECTION 6.  The county council finds as a fact and declares that an emergency exists and that this ordinance is necessary for the immediate preservation of public peace, health or safety or for the support of county government and its existing public institutions.