Village of Beverly Hills, MI

(a) Definition of Emergency. During times of great public crisis when the public health or safety is imperiled because of disaster, rioting, or other similar public catastrophe, or where there is reasonable apprehension of danger to the public health or safety therefrom, the President of the Council of the Village of Beverly Hills may proclaim a state of emergency and designate the area or areas within the Village involved. In the absence of the President or in the event of his disability the President Pro-Tem shall have the power and authority herein given the President, and if neither the President nor the President Pro-Tem are able or available to exercise such power and authority, then the Village Council, either at a regular or special meeting, shall have such power and authority.

(b) Emergency Powers. Following such proclamation, the President may promulgate such reasonable orders, rules and regulations as he deems necessary to protect life and property or to bring the emergency situation within the affected area or areas under control. Such orders rules and regulations may provide for the control of traffic, designation of specific zones within the area or areas in which occupancy and use of buildings and ingress and egress of persons and vehicles may be prohibited or regulated, control of places of amusement and assembly and of persons on public streets and thoroughfares, establishment of a curfew, control of the sale, transportation and use of alcoholic beverages and liquors, and control of the sale, carrying and use of firearms or other dangerous weapons, ammunition, explosives and inflammable materials or liquids deemed to be dangerous to the public safety. The President may also issue such other orders, rules and regulations, without being limited by the foregoing.

(c) Effective Date. Such orders, rules and regulations shall be effective from the date and in the manner therein prescribed and shall be made public as provided therein. Such orders, rules and regulations may be amended, modified or rescinded in like manner from time to time by the President during the pendency of the emergency, but shall cease to be in effect upon declaration by the President that the emergency no longer exists.

(d) Penalty. The violation of any such orders, rules and regulations made in conformity with this section shall be punishable as a misdemeanor where such order, rule or regulation states that the violation thereof shall constitute a misdemeanor.

2.02 SPECIAL ASSESSMENT PROCEDURE

(a) Definitions.

1. The term "Assessor" shall be a qualified person designated by resolution of the Village Council in the establishing of a special assessment district.

2. The term "improvement" shall mean any public improvement made directly by the Village, any part of the cost of which is to be assessed against one or more lots or parcels of land to be especially benefited thereby, in proportion to the benefit to be derived therefrom.

3. The term "cost" when referring to the cost of any improvement, shall include the cost of surveys, plans, right-of-way, financing and construction and all other costs incident to the making of such improvement, and shall mean the aggregate amount of the obligation, principal and interest. In all cases the term "cost" shall include the cost of spreading the rolls, examining tax and ownership records, notices, advertising, mailing, printing, hearings, litigation and all other costs directly related to the making of the special assessments and the financing of and payment for the improvement.

4. The term "local water and sewer improvements" means lateral sewers and distribution water mains intended primarily to serve properties abutting the improvement and specially benefiting therefrom.

(b) Power of Council. The Council shall have power to determine by resolution that the whole or any part of the cost or expenses of any improvement shall be defrayed by special assessments upon the property especially benefited in proportion to the benefits derived or to be derived.

(c) Advisory Petition. The Council, in order to ascertain whether or not a reasonable number of property owners to be assessed desire any particular improvement to be made, may request and receive a petition therefor, or may receive such a petition voluntarily presented; but in either event, such petition shall be advisory only and shall not be jurisdictional.

(d) Project Plans. Before determining to make any improvement, any part of the costs of which is to be defrayed by special assessment, the Council shall require the Village Manager to have prepared by the Village Engineer or his designated engineer, plans and specifications therefor and an estimate of the cost thereof and to file the same with the Clerk. For any improvement, the Village Manager shall recommend as to what proportion of the cost should be paid by special assessment and what part, if any, should be general obligation of the Village, the number of installments in which assessments may be paid and the lands which should be included in the special assessment district.

(e) Notice of Hearing. After such filing, a public hearing shall be held before the Council, which hearing shall be held not less than ten (10) days after notice of the time and place thereof has been published (publication to be twice, the first publication to be at least ten [10] days before the hearing and sent by the clerk by first (1st) class mail to all property owners in the proposed district as shown by the current assessment roll of the Village).

(f) Hearing on Project. At the time and place specified in such notice for the public hearing, the Council shall meet and hear any person to be affected by the proposed public improvement. The hearing may be adjourned from time to time by the Council.

(g) Determination by Council. After said public hearing, the Council may, by resolution, determine to make the improvement and to defray the whole or any part of the cost of the improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived. By such resolution the Council shall approve the Plans and specifications for the improvement; determine the estimated cost thereof; determine what proportion of such cost shall be paid by special assessment upon the property especially benefited and what part, if, any, shall be a general obligation of the Village; determine the number of installments in which assessments may be paid; determine the rate of interest to be charged on installments, not to exceed the maximum rate as allowed by state law; designate the district or land and premises upon which special assessments shall be levied; and direct the Assessor to prepare a special assessment roll in accordance with the Council's determination.

(h) Preparation of Roll. The Assessor shall thereupon prepare a special assessment roll including all lots and parcels of land within the special assessment district designated by the Council, and shall assess to each such lot or parcel of land such relative portion of the whole sum to be levied against all the lands in the special assessment district as the benefit to such lot or parcel of land bears to the total benefits to all lands in such district. There shall also be entered upon such roll the amount which has been assessed to the Village At Large.

(i) Filing Roll. When the Assessor shall have completed such assessment roll, he shall attach thereto, or endorse thereon, his certificate to the effect that said roll has been made by him pursuant to a resolution of the Council (giving date of adoption of same) and that in making the assessments therein he has, as near as may be, according to his best judgment, conformed in all respect to the directions contained in such resolution, and to the provisions of this ordinance. Thereupon he shall file said special assessment roll with the Clerk, who shall present the same to the Council.

(j) Notice of Hearing on Roll. Upon receipt of such special assessment roll the Council shall order it filed in the office of the Clerk for public examination; shall fix the time and place when it will meet and review such roll, which meeting shall be held not less than ten (10) days after notice thereof has been sent by the Clerk by first (1st) class mail to all property owners in the proposed district as shown by the current assessment roll of the Village. Such notice shall specify the time and place of such meeting. The Clerk shall also publish notice of said meeting twice (2), the first publication to be not less than ten (10) days prior to date of said meeting.

(k) Hearing on Roll. Any person deeming himself aggrieved by the special assessment roll may file his objections thereto in writing with the Clerk prior to the close of said hearing, which written objections shall specify in what respect he deems himself aggrieved.

(l) Review of Roll. The Council shall meet and review the said special assessment roll at the time and place appointed, or at any adjourned date therefor, and shall consider any oral or written objection thereto. The Council may correct said roll as to any assessment or description of any lot or parcel of land, or other errors appearing therein. Any changes made in such roll shall be noted in the Council's minutes. After such hearing and review the Council may confirm such special assessment roll with such corrections as it may have made, if any, or may refer it back to the Assessor for revision or may annul it and any proceedings in connection therewith. The Clerk shall endorse the date of confirmation upon each special assessment roll.

(m) Final Confirmation. Such roll shall, upon confirmation, be final and conclusive.

(n) Installments; Lien. All special assessments contained in any special assessment roll, including any part thereof deferred as to payment, shall, from the date of confirmation of such roll, constitute a lien upon the respective lots or parcels of land assessed and until paid shall be a charge against the respective owners of the several lots and parcels of land and a debt to the Village from the persons to whom they are assessed. Such lien shall be of the same character and effect as the lien created by the Village Charter for Village taxes and shall include accrued interest and penalties. No judgment or decree, nor any act of the Council vacating a special assessment, shall destroy or impair the lien of the Village upon the premises assessed for such amount of the assessment as may be equitably charged against the same, or as by a regular mode of proceeding might be lawfully assessed thereon. All special assessments shall become due upon confirmation of the special assessment roll or in annual installments in number as the Council may determine at the time of confirmation and if in annual installments, the Council shall determine the first installment to be due upon confirmation or on the following July 1st and subsequent installments shall be due on July 1st of succeeding years.

(o) Collection of Assessments. The assessment roll shall be transmitted by the Clerk to the Treasurer for collection immediately after its confirmation. The Treasurer may mail statements of the several assessments to the respective owners, as indicated by the records of the Assessor, of the several lots and parcels of land assessed, stating the amount of the assessment and the manner in which it may be paid; provided, however, that failure to mail any such statement shall not invalidate the assessment or entitle the owner to an extension of time within which to pay the assessment.

(p) Early Payment. The Council may determine that the whole or any part of any such assessment may be paid during a determined period after the date of confirmation of the special assessment roll without interest or penalty.

(q) Spreading Installments. The first (1st) installment shall be spread upon the next Village tax roll in a column headed "Special Assessments", together with interest upon all unpaid installments from the date of the confirmation of the roll to the 1st (first) day of July of the year in which such tax roll is made; provided, that any fraction of a month shall be considered as a full month. Thereafter one (1) installment shall be spread upon each annual tax roll, together with one year's interest upon all unpaid installments; provided, that when any annual installment shall have been prepaid as hereinafter provided, then there shall be spread upon the tax roll for such year only the interest upon all unpaid installments.

(r) Collection of Installments. After each installment has been placed on the tax rolls, the same shall be collected by the Treasurer with the same rights and remedies, and the same penalties and interest, as provided in the Charter for the collection of taxes.

(s) Advance Payment of Installments. After the expiration of the period provided for in Section 15.01, any installment which has not been spread upon the tax rolls may be discharged by paying the face amount thereof plus the interest thereon to date of payment. Any person desiring to pay such installment in advance shall first secure the proper statement from the Assessor to permit the Treasurer to compute the amount to be paid. The Treasurer shall report to the Assessor all advance payments on installments so that the Assessor shall have such information before spreading installments on the next Village tax roll.

(t) Determination of Actual Cost. Upon completion of the improvement and the payment of the cost thereof, the Village Manager shall certify to the Council the total cost of said improvement, together with the amount of the original roll for said improvement.

(u) Deficiency Assessments. Should the assessment in any special assessment roll, including the amount assessed to the Village At Large, prove insufficient for any reason to pay the cost of the improvement for which they were made, then the Council shall make additional assessments against the Village, and the several lots and parcels of land, in the same ratio as the original assessments, to supply the deficiency; but the total amount assessed against any lot or parcel of land shall not exceed the value of the benefits received from the improvement.

(v) Excessive Assessments. The excess by which any special assessment proves larger than the actual cost of the improvement and expenses incidental thereto may be placed in the general fund of the Village if such excess is five (5%) percent or less of the assessment, but should the assessment prove larger than necessary by more than five (5%) percent, the entire excess shall be refunded on a pro rata basis to the current owners of the property assessed. The assessment roll shall by resolution contain the minimum dollar amount that will not be returned by Council. Such refund shall be made by credit against future unpaid installments in the inverse order in which they are payable to the extent such installments then exist and the balance of such refund shall be in cash. No refunds may be made which contravene the provisions of any outstanding evidence of indebtedness secured in whole or part by such special assessment.

(w) Reassessments. Whenever any special assessment shall, in the opinion of the Council, be invalid by reason or irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessment to be illegal, the Council shall, whether the improvement has been made or not, or whether any part of the assessment has been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All proceedings on such reassessment and for the collection thereof shall be conducted in the same manner as provided for the original assessment; and whenever the assessment, or any part thereof, levied upon any premises has been so set aside, if the same has been paid and not refunded, the payment so made shall be applied upon the reassessment and the reassessment shall to that extent be deemed satisfied.

(x) Collection by Suit. In addition to any other remedies and without impairing the lien therefor, any delinquent special assessment, together with interest and penalties, may be collected in an action in assumpsit in the name of the Village against the person assessed, in any court having jurisdiction of the amount. If in any such action it shall appear that by reason of any irregularities or informalities the assessment has not been properly made against the defendant or upon the premises sought to be charged, the court may, nevertheless, on satisfactory proof that expense has been incurred by the Village which is proper charge against the defendant or the premises in question, render judgment for the amount properly chargeable against such defendant or upon such premises.

(y) Assessment to Precede Project. No public improvement to be financed in whole or in part by special assessment shall be made before the confirmation of the special assessment roll for such improvement.

(z) Single Lot Assessments. When any expense shall have been incurred by the Village upon or in respect to any single premises, which expense is chargeable against said premises and the owner thereof under the provisions of State Law, Village Charter or Ordinances and is not of that class required to be pro rated among the several lots and parcels of land in a special assessment district, an account of the labor, material and service for which such expense was incurred; with a description of the premises upon or in respect to which the expense was incurred, and the name of the owner, if known, shall be reported to the Treasurer, who shall immediately charge and bill the owner, if known. The Council shall, at such times as it may deem advisable direct the Assessor to prepare a special assessment roll covering all such charges reported to it together with the cost of administration. Such roll shall be filed with the Clerk who shall advise the Council of the filing of the same, and the Council shall thereupon set a date for the hearing of objections to such assessment roll. The assessment roll shall be open to public inspection for a period of seven (7) days before the Council shall meet to review the roll and hear complaints. The Village Clerk shall give notice in advance by publication of the opening of the roll to public inspection and of the meeting of the Council to hear complaints and shall also give like notice to the owners of the property affected by first class mail at their addresses as shown on the current general assessment roll of the Village, at least ten (10) days prior to the date of such hearing. Such special assessments and all interest and charges thereon, shall, from the date of confirmation of the roll, be and remain a lien upon the property assessed of the same character and effect as a lien created by general law for State and County taxes, until paid. Village Council may in its discretion authorize a payment schedule of a period not to exceed three (3) years under this section. Interest shall be paid on such assessments, from such date after confirmation and payment as shall be fixed by the Council, and such assessments, with penalties and interest, shall be added by the Treasurer to the next general Village Tax Roll or general County and School Tax Roll, according to the assessment as shall be convenient, and shall thereafter be collected and returned in the same manner as general Village taxes.

(aa) Closing of Assessments. The Village Council shall by resolution close out each special assessment district as soon as legally possible. Such resolution shall state the refund, if any, or the balance, if any, to the general fund.

2.03 FINANCE DIRECTOR

Pursuant to Section 4.12 of the Village Charter, the Village Council hereby creates the position of Finance Director for the Village of Beverly Hills. Such person shall be responsible for the system of municipal accounts and shall be the general accountant of the Village, keeping the books and records of assets, liabilities, receipts and expenditures of the Village, and shall keep the Council informed as to the financial affairs of the Village. The system of accounts of the Village shall conform to such uniform systems as it may be required by law.

The Finance Director shall perform all functions now performed by the Village Clerk as to the financial matters of the Village of Beverly Hills. {Ord. 278, 7-10-96}