S-159                 _______________________________________________

                                                   SENATE BILL NO. 5131

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State of Washington                               51st Legislature                              1989 Regular Session

By Senator McCaslin

Read first time 1/16/89 and referred to Committee on Governmental Operations.

AN ACT Relating to assessments for local improvements; and amending RCW 35.44.120 and 35.44.390.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 35.44.120, chapter 7, Laws of 1965 and RCW 35.44.120 are each amended to read as follows:

          If an assessment roll is amended so as to raise any assessment appearing thereon or to include omitted property, a new time and place for hearing shall be fixed and a new notice of hearing on the roll given as in the case of an original hearing:  PROVIDED, That as to any property originally entered upon the roll the assessment upon which has not been raised, no objections to confirmation of the assessment roll shall be considered by the council or by any court on appeal unless the objections were made in writing at or prior to the date fixed for the original hearing upon the assessment roll:  PROVIDED FURTHER, That no assessment for property originally entered upon the roll may be raised due solely to the addition of omitted property to the assessment roll.

        Sec. 2.  Section 35.44.390, chapter 7, Laws of 1965 and RCW 35.44.390 are each amended to read as follows:

          If by reason of any mistake, inadvertence, or other cause, the amount assessed was not equal to the cost and expense of a local improvement or that portion thereof to be paid by assessment of the property benefited the city or town council shall make supplemental assessments on all the property in the district.  The property found to be specially benefited shall not be limited to the property included in the original assessment district.  An assessment may not be raised for property included in the original assessment district due solely to the addition of omitted property to the assessment roll.

          These assessments shall be made in accordance with the provisions of law, charter, and ordinances existing at the time of the levy.