19850611 1985-18ORDINANCE NO. 1985-18
AN ORDINANCE AMENDING CHAPTER 8
OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA,
BY ADDING ARTICLE XI DEALING WITH SPECIAL
ASSESSMENTS FOR LOCAL IMPROVEMENTS
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Chapter 8 of the Code of the City of Fairfax,
Virginia, be and hereby is amended to include Article XI which
shall read in its entirety as follows:
"ARTICLE XI. SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS.
Sec. 8-60. Definition.
The special assessments governed by this article shall
include any assessment imposed by city council upon an
abutting property owner for making, improving,
replacing or enlarging walkways or sidewalks,
waterlines, sanitary or storm water sewers, curbs and
gutters, or other permanent amenities as set forth in
Virginia Code §15.1-239.
Sec. 8-61. Billin9 of special assessments.
(a) Special assessments imposed upon abutting property
owners shall be entered on the tax records of the city,
and bills reflecting the assessed amount shall be sent
to the abutting property owner with the city's next
succeeding real estate tax bill.
(b) The total amount assessed may be paid without
interest provided that such payment is received by the
city treasurer's office on or before the date on which
the accompanying real estate tax bill is payable
without penalty.
Sec. 8-62. Installment payment of assessments.
(a) Abutting property owners who elect to utilize an
installment payment plan to pay the special assessment
must receive approval from the city treasurer's office
prior to the date upon which the payment of the entire
amount would be due under Section 8-61. The city
treasurer may refuse to allow the installment payment
option if the property owner owes other obligations to
the city which have been declared delinquent.
(b) Assessments for combination sidewalk and curb and
gutter improvements may be paid in eight or less equal
installments over a period not exceeding four years.
Assessments for all other improvements, including
sidewalk only or curb and gutter only, may be paid in
four or less equal installments over a period not
exceeding two years.
(c) The first installment shall be due on the day upon
which the entire amount would have been due under
Section 8-61, and subsequent installments shall be due
twice a year on the same days that real estate taxes
are due.
(d) Interest shall accrue on the unpaid balance at the
judgment rate, beginning on the first day after the
first installment is due.
(e) If any installment, or part thereof, including
principal and interest, is not paid by its scheduled
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due date, the balance of the amount assessed shall
become immediately due and payable.
(f) The outstanding balance of any assessment with
interest accrued to the date of payment may be paid in
full at any time without penalty, or any installment,
or portion thereof, may be prepaid.
Sec. 8-63. Deferral for elderly or permanently and
totally disabled persons.
Elderly or disabled property owners who qualify for any
real estate tax exemption under the provisions of
Article VII of this Chapter may elect to postpone
payment of any special assessment, without interest or
penalty, until the sale of the property or the death of
the last eligible owner.
Sec. 8-64. Special Assessment to Constitute a Lien on
Real Estate.
The amount finally assessed against or apportioned to
each landowner shall be a lien enforceable in equity on
the abutting land from the time when the work of
improvement shall have been completed. Failure to
satisfy completely any special assessment within the
time period provided under §8-61 or §8-62 will result
in collection efforts which may include the pursuit of
a personal judgment against the landowner and the
judicial sale of the real estate to collect all
delinquent assessments and other taxes.
This ordinance shall be effective immediately upon its being
signed by the Mayor.
Introduced:
Adopted:
Ma~ 28, 1~8~
June 11, 1985
ATTEST: