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a. The Council, at a public hearing, shall determine the necessity of street improvements if the cost thereof is to be assessed against adjacent property. Notice of said hearing shall be given to the owners, their agents/attorneys, and other affected persons who may be assessed for the costs of improvements, by regular mail no less than thirty days prior to the date of the hearing. Notice of hearing shall contain:

1. A description of the proposed street improvements.

2. The estimated cost of assessment for each affected parcel of property.

b. At the hearing, the Council’s decision on necessity for street improvements and construction shall be final and conclusive, and if such decision results in the assessment of property under this section, it may be appealed to Superior Court by any aggrieved party.

c. If deemed necessary, the Council may, by ordinance of necessity, order the proposed street improvements, and direct the Street Transportation Director to invite sealed bids for making the improvement.

d. Upon completion of the improvements, the Council shall by ordinance, at a public hearing, determine the cost of the improvements and assess against the properties adjacent to the street improvement the total amount of the costs and expenses of the work in accordance with section 31-101(b). Notice of this public hearing shall be given to the property owners by regular mail at least ten days prior to the date of the hearing. This notice shall contain:

1. A description of the street improvements; and

2. The amount of the proposed assessment for each affected parcel of property.

The property owners and any other persons directly interested in the work or in the assessment, who have any previous proceedings connected therewith or who claim that the work has not been performed according to the contract, may, prior to the time fixed for the hearing, file in the office of the City Clerk a written notice briefly specifying the grounds for objection. At the time fixed for the hearing, or at any time thereafter to which the hearing may be postponed, the Council shall hear and rule upon the objections. The decision of the Council shall be final and conclusive as to all errors. Informalities and irregularities which the Council might have remedied or avoided at any time during the progress of the proceedings.

The Council’s ordinance shall provide that any assessments remaining unpaid shall be paid prior to the development of the assessed property.

e. The ordinance declaring the assessments and describing the properties against which the assessments are imposed shall be recorded in the office of the County Recorder. When so recorded, the amount so assessed shall be a lien upon the properties assessed for ten years thereafter or until such assessments are paid and such recording shall be notice to all persons interested in the contents of the record.

f. The manner of collecting unpaid assessments shall be as follows:

1. The Building Official shall collect any unpaid assessment prior to issuing a building permit for development of any assessed property.

2. The Planning and Development Director shall collect any unpaid assessment prior to the City Council’s approval of any final subdivision plat which plat will result in a subdivision of assessed property pursuant to chapter 32 of the Phoenix City Code.

3. The Planning and Development Director shall collect any unpaid assessment prior to final approval of any grading permit required by chapter 32A of the Phoenix City Code for any assessed property.

4. The Building Safety Director shall collect any unpaid assessment prior to issuing a building permit for additions to existing structures, as follows:

A. At least two thousand square feet for additions to buildings with an existing floor area of twenty thousand square feet or less; or

B. Ten percent of the floor area of the existing structure, for buildings with an existing floor area of more than twenty thousand square feet.

C. If additions are less then [than] the requirements of section 31-102(f)(4)A and B the cumulative total of the square footage of multiple additions will apply during the assessment ten-year life.

g. Any assessment made under this section shall abate if the property has not been developed within ten years of the assessment.

h. When it is necessary to improve a full street and sufficient right-of-way is not available, the Street Transportation Director may obtain the right-of-way upon terms that are just to the property owner and the City, including assumption by the City of all or part of the costs of street improvements.

i. The owner of a parcel of land to which a lien was attached pursuant to article 31 [article IX], section 31-102(e), Phoenix City Code, may, in writing, petition the Street Transportation Director for a hearing to determine if a contemplated improvement constitutes a "development" for purposes of article IX, section 31-102(f), Phoenix City Code. If the Street Transportation Director finds that the contemplated improvement is less than two thousand square feet or that the contemplated improvement does not come within the provisions of article IX, section 31-102(f) then he shall order that no assessment be collected on petitioner’s property because of the contemplated improvement. For projects with twenty thousand square feet or more, an assessment will be applied if the expansion is ten percent or more of the principal structure. (Ord. No. G-2620, § 1; Ord. No. G-2982, § 1; Ord. No. G-3313, § 1; Ord. No. G-3446, § 1; Ord. No. G-5590, § 1, 2011)