In the event that a lot or parcel which has been previously assessed pursuant to this article is subsequently divided into two or more lots or parcels, or consolidated with any other lot or lots or parcel or parcels, whether or not within the improvement district, and all or a portion of the assessment remains unpaid, the owners (or lessees who by the express terms of their leases are obligated to pay the kind of assessments contemplated by this article) of such lots or parcels may file with the council a petition for apportionment of the original assessment among the lots or parcels resulting from such division, or combination of the original assessments. (Ord. 801 § 1 (part), 1974: prior code § 25-9.1)

A. There shall be deposited with the petition cash or a cashier’s check in an amount sufficient to cover:

1. The amount due upon delinquent unpaid assessment installments, if any, on the original assessment to be apportioned, or the original assessments to be combined;

2. The cost of preparing the requisite amendments to the assessment map or plat and the assessment roll, and the cost of publication of the ordinance amending the original assessment ordinance; and

3. Advance payment, pursuant to Section 14.50.130, of the portion of an original assessment, if any, apportionable to property used or to be used for public purposes, such as but not limited to roadways, parks, school sites, sewage treatment plant sites and reservoir sites, by reason of or in connection with the division of a parcel into two or more lots or parcels.

B. The portion of the deposit mentioned in subdivision 1 of subsection A of this section, if any, shall forthwith be paid into the special fund designated pursuant to Section 14.50.230 and credited to the bond account, as and for payment of the delinquent installments, and upon adoption of the amending ordinance referred to in Section 14.54.050, the remaining portion of the deposit shall be disbursed as follows: the costs mentioned at subdivision 2 of subsection A of this section shall be paid into the general fund of the county; the advance payment mentioned at subdivision 3 of subsection A of this section, if any, shall be paid into the special fund designated pursuant to Section 14.50.230 and credited to the bond account, to be used for and as prepayment of the amended assessments levied on the public property; and the balance, if any, shall be returned to the petitioners. (Ord. 801 § 1 (part), 1974: prior code § 25-9.2)

A. Upon filing of a petition for apportionment or consolidation of original assessment or assessments, such petition shall be referred to the mayor, without action of the council, for preparation by the director of public works of an amended assessment report. Such report shall consist of the following:

1. A statement of the costs and advance payment, if any, to be covered by the deposit, as provided in Section 14.54.020;

2. An amendment to the original assessment map or plat showing the lots or parcels into which the original lot or parcel has been divided, or the lot or parcel resulting from consolidation of the original lots or parcels, each of which shall be given a new number which was not used on the original assessment map or plat;

3. An amendment to the original assessment roll showing the original assessment or assessments to be amended and the amounts proposed to be apportioned to each of the new lots or parcels into which the original lot or parcel has been divided, or the combined amount applicable to the new lot or parcel into which the original lots or parcels have been consolidated for which purpose payment of any installments upon the original assessment or assessments shall be disregarded, each of which new lots or parcels, or the new lot or parcel in case of consolidation, shall be described in the manner provided in subdivision 3b of subsection A of Section 14.42.100, and shall also be given the number shown therefor on the amendment to the original assessment map or plat;

4. Such other data or information as the director of public works deems pertinent, including an affidavit of mailing of the documents and notice as required by Section 14.54.040 and copies of the notice.

B. In making the apportionment specified in subdivision 3 of subsection A of this section, there shall be apportioned to each new lot or parcel the amount that would have been levied thereon had the original lot or parcel been so divided at the time the original assessment was levied. (Ord. 801 § 1 (part), 1974: prior code § 25-9.3)

Upon completion of the amendments to the original assessment map or plat and the original assessment roll, the director of public works shall send copies thereof by certified mail to the original purchaser of any bonds which may be outstanding for the improvement district involved, together with a notice that unless a written request for a hearing thereon is received within fourteen days from the date of mailing of such notice, the amendments will be presented to the council for approval and amendment of the original assessment or assessments, as provided in the amendments to the map and the roll. If a written report for a hearing is so received, the council shall fix a date, time and place of such hearing, notice of which shall be mailed by certified mail to each person making such a request, at the address designated in such request. Such notice shall be so mailed at least fourteen days prior to the hearing. An affidavit of so mailing same shall be filed with the county clerk. (Ord. 801 § 1 (part), 1974: prior code § 25-9.4)

A. When the amended assessment report is filed with the council, and the hearing, if any, as provided for in Section 14.54.040, has been held, the council may approve the report as filed, or in the event of such a hearing, may order that modifications be made in the amendment to the original assessment roll. Upon approval of the report, as filed or modified, the council shall by ordinance amend the ordinance which levied the original assessment or assessments by substituting the apportioned amounts, or combined amount, for the original assessment or assessments and the new lots or parcels, or lot or parcel, for the original lot or parcel, or lots or parcels.

B. The approved amendment to the original assessment roll shall be incorporated in the amending ordinance by reference. The amending ordinance shall direct the county clerk to certify upon the face of both the original assessment roll and the original assessment map or plat that by the ordinance (identified in such certificates by its number and effective date) the original assessment or assessments set forth in the roll and the original lot or parcel, or lots or parcels, shown on the map or plat (identified in such certificates by the applicable number or numbers for the assessment or assessments and the lot or parcel, or lots or parcels) has, or have, been amended. The amending ordinance shall provide that it will become effective upon the date that the requirements of Section 14.54.060 are satisfied. (Ord. 801 § 1 (part), 1974: prior code § 25-9.5)

Upon adoption of the amending ordinance pursuant to Section 14.54.050, petitioners shall forthwith furnish to the county an acceptable title report covering the original lot or parcel, or lots or parcels, showing that on the date of adoption of the ordinance none of the land covered by the report, except public land, was owned by or leased to, by a lease the express terms of which obligate the lessee to pay the kind of assessments contemplated by this article, or subject to any encumbrance in favor of any person or persons who did not sign the petition. If an acceptable title report is filed which shows any such person or persons who did not sign the petition, then if and when such person or persons have signed the petition, the requirements of this section shall be deemed satisfied. (Ord. 801 § 1 (part), 1974: prior code § 25-9.6)

The amended assessments, being in lieu of original assessments, shall be liens upon the new lots or parcels, respectively, or the new lot or parcel, as of the date of publication of the enacted ordinance levying the original assessment, or assessments. (Ord. 801 § 1 (part), 1974: prior code § 25-9.7)

Amended assessments shall be paid in installments equal in number to the installments that were remaining unpaid under the original assessment or assessments at the same rates of interest; and each of such installments for the respective amended assessments shall be its pro rata share of the corresponding installment that would have been payable upon the original assessment, or, in the case of consolidation, the total of the corresponding installments that would have been payable upon the original assessments, if apportionment of the original assessment, or combination of the original assessments, had not been made. The director of finance shall amend the record in his office, prepared pursuant to Section 14.50.120, to reflect the new lots or parcels or the new lot or parcel, and the remaining unpaid assessment installments, and the amounts thereof as above provided (the installments due thereon prior to the proration of the original assessment, or combination of the original assessments, having been paid) and also to reflect that the original assessment or assessments and the remaining unpaid assessment installments thereon have been replaced by the amended assessments upon the new lots or parcels, or the new lot or parcel. (Ord. 801 § 1 (part), 1974: prior code § 25-9.8)