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The procedures to be followed for latecomer agreements for utility system improvements shall be as follows:

A. City will formulate an assessment reimbursement area (benefit area) based upon a determination of which parcels did not contribute to the original cost of such utility system improvement and who may subsequently tap onto, drain to, or use the same including users connected to laterals or branches connecting thereto.

B. The preliminary determination of area boundaries and assessments, along with a description of the property owners’ rights and options, shall be forwarded by registered mail to the property owners of record as shown on the records of the Snohomish County assessor within the proposed assessment area. If any property owner requests a hearing in writing within twenty days of the mailing of the preliminary determination, a hearing shall be held before the city council, notice of which shall be given to all affected property owners at least ten days in advance of the council meeting. The city council’s ruling is determinative and final.

C. The latecomer agreements must be recorded in the Snohomish County auditor’s office within thirty days of the final execution of the agreement. It shall be the sole responsibility of the latecomer applicant to record said agreement.

D. Once recorded, the latecomer agreement shall be binding on owners of record within the assessment area who are not party to the agreement.

E. All notice requirements set forth herein shall be the sole responsibility of the applicant for latecomer agreement and shall be satisfied by a notarized affidavit that the applicant has mailed the notices pursuant to the requirements set forth herein. (Ord. 1115-85 § 8, 1985.)