S-2157 _______________________________________________
SUBSTITUTE SENATE BILL NO. 3430
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State of Washington 49th Legislature 1985 Regular Session
By Senate Committee on Governmental Operations (originally sponsored by Senator McCaslin)
Read first time 2/25/85.
AN ACT Relating to local improvement districts; and amending RCW 35.44.190 and 36.94.280.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 35.44.190, chapter 7, Laws of 1965 and RCW 35.44.190 are each amended to read as follows:
Whenever any assessment roll for local improvements has been confirmed by the council, the regularity, validity, and correctness of the proceedings relating to the improvement and to the assessment therefor, including the action of the council upon the assessment roll and the confirmation thereof shall be conclusive in all things upon all parties. They cannot in any manner be contested or questioned in any proceeding by any person unless he filed written objections to the assessment roll in the manner and within the time required by the provisions of this chapter and unless he prosecutes his appeal in the manner and within the time required by the provisions of this chapter.
No proceeding of any kind shall be commenced or prosecuted for the purpose of defeating or contesting any assessment or the sale of any property to pay an assessment or any certificate of delinquency issued therefor, or the foreclosure of any lien therefor, except that injunction proceedings may be brought to prevent the sale of any real estate upon the ground (1) that the property about to be sold does not appear upon the assessment roll or, (2) that the assessment has been paid.
If federal or state funds become available for a local improvement after the assessment roll has been confirmed by the city legislative authority, the funds may be used to lower the assessments on a uniform basis. Any adjustments to the assessments because of the availability of federal or state funds may be made on the next annual payment.
Sec. 2. Section 28, chapter 72, Laws of 1967 and RCW 36.94.280 are each amended to read as follows:
Whenever
any assessment roll for local improvements ((shall have)) has
been confirmed by the ((board of county commissioners as herein provided))
county legislative authority, the regularity, validity and correctness
of the proceedings relating to ((such)) the improvement and to
the assessment therefor, including the action of the ((board)) county
legislative authority upon ((such)) the assessment roll and
the confirmation thereof, shall be conclusive in all things upon all parties,
and cannot in any manner be contested or questioned in any proceeding ((whatsoever))
by any person not filing written objections to ((such)) the
assessment roll in the manner and within the time provided in this chapter,
and not appealing from the action of the ((board of county commissioners))
county legislative authority in confirming ((such)) the
assessment roll in the manner and within the time in this chapter provided. No
proceedings of any kind shall be commenced or prosecuted for the purpose of
defeating or contesting any ((such)) assessment, or the sale of any
property to pay ((such)) an assessment, or any certificate of
delinquency issued therefor, or the foreclosure of any lien issued therefor:
PROVIDED, That this section shall not be construed as prohibiting the bringing
of injunction proceedings to prevent the sale of any real estate upon the
grounds:
(1) That the property about to be sold does not appear upon the assessment roll, or
(2) That ((said))
the assessment has been paid.
If federal or state funds become available for a local improvement after the assessment roll has been confirmed by the county legislative authority, the funds may be used to lower the assessments on a uniform basis. Any adjustments to the assessments because of the availability of federal or state funds may be made on the next annual payment.