| Chapter 277 |
| 2015 -- S 0880 Enacted 07/15/2015 |
| A N A C T |
| IN AMENDMENT OF CHAPTER 330 OF THE PUBLIC LAWS OF 1997 AS AMENDED BY CHAPTER 140 OF THE PUBLIC LAWS OF 2006, PERTAINING TO SEWERS IN THE TOWN OF COVENTRY |
| Introduced By: Senators Raptakis, Gee, and Kettle |
| Date Introduced: May 06, 2015 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Sec. 9 of Chapter 330 of the Public Laws of 1997 as amended by Chapter |
| 140 of the Public Laws of 2006 (collectively the "Act") is hereby further amended to read as |
| follows: |
| Sec. 9. The council shall prescribe just and equitable sewer assessment rates rates, on |
| account of the construction costs, to be levied against owners of property abutting on that portion |
| of any highway in which a common sewer is laid under this act and also rates of annual charge, |
| on account of operating and maintenance costs, to be levied against owners of property which |
| that is connected to a common sewer. |
| Sewer assessments shall be levied at a uniform rate against real property (improved and |
| unimproved), residential and non-residential, based upon rates that shall be established by the |
| council from time to time, by ordinance amendment, which assessments shall be based upon the |
| estimated cost of constructing all sewers, sewer service connections connections, and other |
| sewage works belonging to the town. Annual charges shall be computed according to water |
| consumption or other factors deemed equitable by the council. Such annual charges herein |
| referred to shall be paid annually by every property owner or institution whose property is |
| connected to the town sewage works. |
| The sewer assessments may be determined according to the number of units for |
| residential dwellings and property valuation for non-residential buildings. The council shall, from |
| time to time and by ordinance amendment, adopt an assessment charge for real property |
| (improved and unimproved). Said assessments shall apply to residential and non-residential |
| properties. The council may, from time to time, redetermine the rates fixed for sewer assessments, |
| if construction costs warrant, and may redetermine rates for annual charges if costs so warrant. |
| The council shall, from time to time and by ordinance amendment, adopt a betterment |
| assessment which betterment assessment shall apply to residential and non-residential properties |
| serviced by public sewers that are privately built, on public property and to all properties that |
| propose a change in use, or an increase in daily flow after the initial assessment date. Properties |
| that propose a change in use or an increase in daily flow after the initial assessment date are |
| subject to both initial assessment and betterment assessments. |
| The sewer assessments herein referred to shall be paid by every property owner or |
| institution whose property is abutting on that portion of any highway in which a common sewer is |
| laid under this act or is connected to the town's sewage works. Sewer assessments levied |
| hereunder may be paid in as many as twenty (20) annual installments, upon application by the |
| property owner and approval of the council. In the case of installment payments, interest at a rate |
| not to exceed eight percent (8%) per annum, shall be charged annually on the unpaid balance of |
| the total sewer assessment. |
| The council shall annually certify to the town treasurer all the annual charges and sewer |
| assessments made by it under the authority of this act. Each charge or assessment made by said |
| council pursuant to this act shall be a lien upon the lands, buildings buildings, and improvements |
| upon which it is made in the same way and manner as taxes assessed on real estate, but such liens |
| shall not expire until the charge or assessment assessment, with all interest, costs costs, and |
| penalties thereon thereon, is paid in full, and, if the charge or assessment is not paid as required, |
| it shall be collected in the same manner that taxes assessed on real estate are by law collected. |
| Such annual charges and sewer assessments shall be due and payable at the time the regular town |
| taxes are first due and payable next after the date of receipt by the town treasurer of the aforesaid |
| certificate of said annual charges and sewer assessments from the council. The town treasurer, |
| after receiving a list of charges or assessments under this section, shall forthwith, at the expense |
| of the town, send to each person assessed or charged notice of the amount of his or her |
| assessment or charge. The notice shall substantially identify the person assessed, state the amount |
| of the assessment or charge and refer to the remedy available under section 19 of this act. The |
| notice shall be mailed postpaid and directed to the last known address of the person assessed. If |
| there are persons whose addresses are unknown, a similar notice covering the assessments against |
| such persons shall be published in a newspaper of general circulation in the town and such |
| published notice may be a single collective notice for all such persons. No irregularity in the |
| notice required by this section shall excuse the nonpayment of the assessment or charge or affect |
| its validity or any proceedings for the collection thereof as long as there is substantial compliance |
| with the provisions hereof. No deficiency in the notice to the person assessed shall excuse the |
| nonpayment by others of the assessment or charges assessed against them or affect the validity |
| thereof or any proceedings for the collection thereof. The tax collector shall shall, without |
| further warrant warrant, collect such annual charges and assessments in the same manner and at |
| the same time as the regular taxes of the town are first payable. Interest at the rate per annum |
| fixed for nonpayment of town taxes shall be charged and collected upon all overdue charges and |
| assessment from the date they become payable until paid. |
| The council may at any time cancel in whole or in part any charge or assessment to the |
| extent the council determines such charge or assessment to have been improperly imposed. |
| SECTION 2. This act shall take effect upon passage. |
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