Bill Text: MI HB6034 | 2013-2014 | 97th Legislature | Introduced


Bill Title: Townships; public services; public notice regarding public improvements by townships; revise to make reference to the local government public notice act. Amends sec. 4a of 1954 PA 188 (MCL 41.724a).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-12-03 - Printed Bill Filed 12/03/2014 [HB6034 Detail]

Download: Michigan-2013-HB6034-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6034

 

December 2, 2014, Introduced by Rep. Franz and referred to the Committee on Local Government.

 

     A bill to amend 1954 PA 188, entitled

 

"An act to provide for the making of certain improvements by

townships; to provide for paying for the improvements by the

issuance of bonds; to provide for the levying of taxes; to provide

for assessing the whole or a part of the cost of improvements

against property benefited; and to provide for the issuance of

bonds in anticipation of the collection of special assessments and

for the obligation of the township on the bonds,"

 

by amending section 4a (MCL 41.724a), as amended by 2000 PA 331.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4a. (1) If special assessments are made against property,

 

notice of hearings in the special assessment proceedings shall be

 

given as provided in this section.

 

     (2) Notice of hearings in special assessment proceedings shall

 

be given to each record owner of, or party in interest in, property


 

to be assessed whose name appears upon the last township tax

 

assessment records by first-class mail addressed to the record

 

owner or party in interest at the address shown on the tax records,

 

at least 10 days before the date of the hearing. The last township

 

tax assessment records means the last assessment roll for ad

 

valorem tax purposes that was reviewed by the township board of

 

review, as supplemented by any subsequent changes in the names or

 

the addresses of the owners or parties listed on that roll. If a

 

record owner's name does not appear on the township tax assessment

 

records, then notice shall be given by first-class mail addressed

 

to the record owner at the address shown by the records of the

 

county register of deeds at least 10 days before the date of the

 

hearing. Notice Before January 1, 2015, notice shall also be

 

published twice before the hearing in a newspaper circulating in

 

the township. The Before January 1, 2015, the first publication

 

shall be at least 10 days before the date of the hearing. Beginning

 

January 1, 2015, at least 10 days before the date of the hearing,

 

tier A public notice of the notice of hearing shall also be

 

provided as set forth in the local government public notice act. If

 

a published or posted notice includes a list of the property

 

identification numbers of the property to be assessed, that list

 

may provide either the individual property identification number

 

for each parcel of property to be assessed or 1 or more sequential

 

sets of property identification numbers, which include each parcel

 

of property to be assessed. If a published or posted notice

 

includes a list of the property identification numbers of the

 

property to be assessed, that published or posted notice shall also


 

include either a map depicting the area of the proposed special

 

assessment district or a written description of the proposed

 

special assessment district.

 

     (3) If a person whose name and correct address do not appear

 

upon the last township tax assessment records claims an interest in

 

real property, that person shall immediately file his or her name

 

and address with the township supervisor. This filing is effective

 

only for the purpose of establishing a record of the names and

 

addresses of those persons entitled to notice of hearings in

 

special assessment proceedings. The supervisor shall immediately

 

enter on the tax assessment records any changes in the names and

 

addresses of record owners or parties in interest filed with the

 

supervisor and at all times shall keep the tax assessment records

 

current, complete, and available for public inspection.

 

     (4) A township officer required to give notice of a hearing in

 

special assessment proceedings may rely upon the last township tax

 

assessment records in giving notice of the hearing by mail. The

 

method of giving notice by mail as provided in this section is

 

declared to be the method that is reasonably certain to inform

 

those to be assessed of the special assessment proceedings.

 

     (5) Failure to give notice as required in this section shall

 

not invalidate an entire assessment roll, but only the assessment

 

on property affected by the lack of notice. A special assessment

 

shall not be declared invalid as to any property if the owner or

 

the party in interest of that property actually received notice,

 

waived notice, or paid any part of the assessment. If an assessment

 

is declared void by court decree or judgment, a reassessment


 

against the property may be made.

 

     (6) A special assessment hearing held before June 5, 1974 is

 

validated, insofar as any notice of hearing is concerned, if notice

 

was given by mail to the owners or parties in interest whose names

 

appeared at the time of mailing on the last township tax assessment

 

records. Any such special assessment hearing is validated as to any

 

owner or party in interest who actually received notice of hearing,

 

waived the notice, or paid any part of the special assessment.

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