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.