How special assessments are set and charged each year

(a) During the first special assessment year, special assessments shall be levied and apportioned pursuant to the rate and method specified in the ordinance establishing the district. Prior to the commencement of the second and each subsequent special assessment year, the district board shall prepare and submit a report to the council that shall include the anticipated surplus or deficit from the preceding special assessment year as well as any proposed new rate or method of special assessment for the next special assessment year. The report shall be due by the date set in the ordinance establishing the district or, if the ordinance does not include such a date, the 30th day preceding the commencement of the next special assessment year. (1) If the proposed special assessment for a special assessment year does not exceed 110 percent of the preceding special assessment year’s total annual special assessment, the new rate based upon the method of special assessment specified in the ordinance establishing the district shall take effect upon the new special assessment year. (2) If the proposed special assessment for a special assessment year exceeds 110 percent of the preceding special assessment year’s total annual special assessment, the district board may recommend to the council a change to the rate or method of apportionment of an existing special assessment for a district and the recommendation shall be accompanied by a justification and proposed ordinance of consideration. (3) The council shall review and may approve the ordinance of consideration in accordance with this article. (b) The district board shall have the power to: (1) Determine the annual amount due from each landowner subject to the special assessment; and (2) Make an adjustment to the annual amount due when required by the special assessment base or formula in the applicable ordinance establishing the district. (c) An owner of land who was not entitled to protest a proposed ordinance under §§ 28-2.4 , 28-4.7, or 28-5.6 shall not be subject to a special assessment levied on that owner’s land pursuant to such ordinance. (d) Special assessments shall be levied only as long as needed to pay costs of supplemental services and improvements, debt service, and incidental expenses.