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Posted on: July 28, 2023

Clarification on Concrete Assessments - Brittany Heights Subdivision

We have received telephone calls and questions and concerns were brought up during the July 25, 2023, Council meeting.  This information is an effort to help clear up some of the confusion as a result of the letter certain property owners received for concrete assessment work.

Property owners are responsible for maintaining their sidewalk, curb, gutter, and drive apron.  This has been the responsibility of property owners for well over 60 years pursuant to State law.   It is very common for property owners to not realize this until they receive a letter from their City for an assessment project.  Typically, this type of work is performed prior to the resurfacing of the street.

When it has been determined what streets will need to be resurfaced it is reported to City Council that the concrete work must be repaired prior to the resurfacing of the street.  If City Council agrees with the improvements legislation is adopted to declare the necessity of making these repairs and moving forward with the project.

This is the first year that property owners have been given 90 days to make the repairs as opposed to 30 days in all previous years.  The letters received by the property owners contained estimated costs.  These figures were only estimates.  Due to the fact that these areas in need of repair are located in the right-of-way a permit must be obtained by the property owner or their contractor.  Failure to get a permit prior to performing the work could result in a fine.  The permit process is currently being reviewed by the Public Works Committee and City Council.  

The work must be completed within the 90 day period which began at the time you received the certified letter.  For any repairs not made the City will seek bids to have the remaining work completed. The cost of the bids is unknown and could be higher or lower than the estimate that was attached to the certified letter.

After the work is completed by the contractor that has been awarded the bid, Council will receive a listing of the assessments for these properties.  A notice will be in the paper for three consecutive weeks notifying property owners that the listing of the cost of repairs is available.  Property owners will also be notified of the cost of the repairs and have an opportunity to pay for this in full or part of it before it is sent to the Butler County Auditor to be collected with the property taxes.  Property owners can file an appeal with the Council within two weeks after the final publication of this notice in the paper.

The word “lien” was used in the certified letter property owners received.   This is not the type of lien that will go against your credit report or force foreclosure on your property.  This is an assessment that is combined with your property taxes.  The non payment of property taxes could result in foreclosure, but not by the City of Monroe.  This assessment remains with the property and should you sell the property, the payment of the assessment becomes a matter between the seller and buyer.  

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