Chapter 15.12
LIENS

Sections:

15.12.010    Notice.

15.12.020    Copy of lien form.

15.12.030    Validity.

15.12.010 Notice.

Within 10 days following the approval by the City Council of a project for a public improvement, the cost of which shall be levied and assessed against benefited properties, the City Recorder shall give notice of intention to levy assessment on an established lien against the benefited property. Said notice shall be in substantially the following form:

NOTICE OF INTENTION TO LEVY ASSESSMENT AND ESTABLISH LIEN

KNOW ALL MEN by these presents that the City of Albany, a municipal corporation of the State of Oregon does hereby give official notice to all persons owning or having any interest in the real property hereinafter described of its intention to levy an assessment upon each parcel of said real property for a public improvement and does represent as follows:

WHEREAS, the City has initiated in accordance with the laws of the State of Oregon and the Charter of the City of Albany proceedings to construct public improvements as follows:

WHEREAS, the City intends to levy an assessment against benefited properties for the cost of said improvements to the persons, properties and persons owning or having an interest in the real properties hereinafter described.

NOW, THEREFORE,

THE CITY OF ALBANY DOES HEREBY GIVE OFFICIAL NOTICE to the owners of and to all existing or future mortgagees, trustees, beneficiaries of trustees and all future lien holders that the City of Albany will levy an assessment upon and will collect the costs for the above described public works against the real properties specifically benefited thereby in accordance with the laws of the State of Oregon and the Charter of the City of Albany and said present owners and the real properties liable therefor are as shown on the attached list.

THIS NOTICE IS GIVEN PURSUANT to Ordinance No. ___ of the City of Albany, approved by the City Council on _______ and approved by the Mayor on _______.

________________________
City Recorder

STATE OF OREGON    )
) ss
County of Linn )

On this ___ day of _______, 19____, before me appeared ______________ to me personally known, who being duly sworn, did say that he, the said ______________ is the Recorder of the within named corporation, and that the said instrument was signed and sealed in behalf of said corporation by authority of an Ordinance passed by the City Council and said ___________ acknowledged said instrument to be the free act and deed of said corporation.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this the day and year first in this, my certificate written.

________________________
Notary Public for Oregon
My Commission expires: _______.

(Ord. 3558 § 1, 1971).

15.12.020 Copy of lien form.

A copy of the “Notice of Intention to Levy Assessment and Establish Lien” shall be filed by the City Recorder with the clerk of the county in which the real property as to be assessed is located.

(Ord. 3558 § 2, 1971).

15.12.030 Validity.

Failure by the City Recorder to give notice as herein provided shall not affect the validity of any assessment or of any project initiated for public improvement by the City Council. (Ord. 3558 § 3, 1971).