S 953 Session 109 (1991-1992)
S 0953 General Bill, By S.S. Martschink
A Bill to amend Sections 5-31-2020 and 6-11-1220, Code of Laws of South
Carolina, 1976, relating to definitions in regard to sewerage collection and
disposal, so as to add additional definitions, to amend Section 5-31-2030,
relating to the powers of municipalities in regard to sewerage collection and
disposal, and Section 6-11-1230, as amended, relating to the powers of the
governing commissions of special purpose or public service districts in regard
to sewerage collection and disposal, so as to further provide for these powers
including additional and revised methods of obtaining funding for these
purposes.
05/01/91 Senate Introduced and read first time SJ-6
05/01/91 Senate Referred to Committee on Judiciary SJ-6
03/05/92 Senate Committee report: Favorable with amendment
Judiciary SJ-17
03/11/92 Senate Amended SJ-28
03/11/92 Senate Read second time SJ-31
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
March 11, 1992
S. 953
Introduced by SENATOR Martschink
S. Printed 3/11/92--S.
Read the first time May 1, 1991.
A BILL
TO AMEND SECTIONS 5-31-2020 AND 6-11-1220, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
DEFINITIONS IN REGARD TO SEWERAGE COLLECTION AND
DISPOSAL, SO AS TO ADD ADDITIONAL DEFINITIONS, TO
AMEND SECTION 5-31-2030, RELATING TO THE POWERS OF
MUNICIPALITIES IN REGARD TO SEWERAGE COLLECTION
AND DISPOSAL, AND SECTION 6-11-1230, AS AMENDED,
RELATING TO THE POWERS OF THE GOVERNING
COMMISSIONS OF SPECIAL PURPOSE OR PUBLIC SERVICE
DISTRICTS IN REGARD TO SEWERAGE COLLECTION AND
DISPOSAL, SO AS TO FURTHER PROVIDE FOR THESE POWERS
INCLUDING ADDITIONAL AND REVISED METHODS OF
OBTAINING FUNDING FOR THESE PURPOSES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 5-31-2020 of the 1976 Code is amended to
read:
"Section 5-31-2020. For all purposes of As used
in this article:
(a) The term `Municipality' shall mean any means
an incorporated city or town now or hereafter
existing;.
(b) The term `Council' shall mean means the
governing body of any a municipality as now or
hereafter constituted;.
(c) The term `Water distribution agency' shall mean
any means a public or private agency operating a water
distribution system within any a municipality or
within any portion thereof of a
municipality;.
(d) The term `Sewage' shall mean means
domestic or industrial waste requiring collection, disposal, and
treatment;.
(e) The term `Sewer service charge' shall mean
means the monthly, quarterly, or annual charge
imposed by any a municipality for the collection,
treatment, and disposal of sewage irrespective of
whether the same shall be collected by a water distribution
agency or whether it shall be assessed against the property
served as provided by Section 5-31-2030;.
(f) The term `Sewer connection charge' shall mean
means the charge imposed upon property owners as a condition
to authorizing them to connect connecting to and
discharge discharging sewage into any
a public sewer system;. and
(g) The term `Front-foot assessment' shall mean
means the assessment levied to reimburse a municipality for
that portion of the cost of installing sewer laterals (collection
lines) costs of construction imposed by the council on a
front-foot basis.
(h) `Sewer collection and transmission system' means
the gravity collection system, pump stations, force mains, service laterals
to individual property lines, and all accessories and appurtenant fixtures
utilized to transmit wastewater to a central or master transmission station
or trunk sewer line.
(i) `Costs of construction' means, without limitation, the
cost of the establishment, construction, or extension of a sewer
collection and transmission system, the cost of engineering and
architectural surveys and plans and specifications, the cost of legal,
financial, accounting and auditing expenses, the cost of issuing bonds to
finance these improvements, the cost of interest during the construction
period, and a reasonable reserve fund requirement."
SECTION 2. Section 5-31-2030 of the 1976 Code is amended to
read:
"Section 5-31-2030. Each council is empowered by
ordinance duly adopted may:
(1) To place into effect and revise whenever it so wishes
or may be required a schedule of sewer service and sewer
connection charges for the use of and connection to any
a sewage disposal system which it may operate
operates. Prior to the furnishing of Before making
a sewer connection or making any a sewage
disposal service available within or without the municipality for
which the prescribed sewer service charge shall, pursuant to
Section 5-31-2040, become becomes a lien on the
property affected and prior to any before a subsequent
increase in any such a sewer service charge, not less
than ten days' written notice shall must be given to each
affected property owner notifying him of the nature and
quantum amount of the sewer service charge and
providing such the property owner an
opportunity, if desired and requested, to appear and be
heard in person or by counsel before the council. Following
such a hearing, if such be requested and held
requested by a property owner, action shall
must be taken by the council and notice of its decision
shall must be given to the property owner
concerned or to his counsel, as the case may be, not less
than ten days prior to before the effective date of the
sewer service charge. Any A property owner aggrieved
by the action of the council may proceed by certiorari in the court of
common pleas for the county in which the property affected or any part
thereof of the property lies to have such
the court review the action taken by the council, at which time
the court will shall determine the validity and
reasonableness of the sewer service charge so made. Sewer
service charges not intended to become liens a lien in
the case of nonpayment can may be imposed and
subsequently increased upon any a user in the
municipality without such the notice and hearing
required by this item. Provided, however, a municipality
may not make a sewer connection or provide a sewage disposal service
outside the municipality if:
(a) a special purpose or public service district, as
defined by Section 6-11-1610;
(b) a special tax district, as defined by Section 4-9-30(5);
(c) a political subdivision authorized to provide such
service; or
(d) an organization incorporated under Section 33-35-10 et seq. and authorized to provide such service
has the authority to provide such service in that area.
(2) To enter into contracts with any a water
distribution agency upon terms and conditions to be mutually agreed
upon by which the council shall constitute
constitutes the water collection distribution
agency as the agent of the council, for the purpose of
collecting such sewer service charges as the council shall
from time to time impose imposes upon those who utilize
its sewage disposal facilities and the council shall empower the
water collection agency as such the agent to disconnect
water service upon failure of any a user to pay
such sewer service charges.;
(3) To prescribe and enforce regulations:
(a) requiring persons who shall be residents of the
municipality to make use of any a sewer system
which the municipality shall from time to time operate
operates; and
(b) generally with respect to the discharge of sewage and the
use of privies, septic tanks, and other sewage facilities within
the municipality. ; and
(c) authorizing the disconnection of property from
sewer service in the event of nonpayment for sewer charges;
(4) To provide that the actual cost of the
establishment and construction of any sewer lateral collection lines
costs of construction within or without a municipality of a water
distribution line or sewer collection and transmission system
hereafter constructed by the municipality and any extensions
thereof within an extension of a line within or without the
municipality, or so much of the actual cost thereof as the council
in its discretion deems considers appropriate,
shall must be assessed subject to the provision of the
succeeding paragraph, this item upon the lots and parcels
of land abutting directly on such the lateral lines
line or extensions thereof an extension of a lateral
line according to the extent of the respective frontage
thereon, on them by an equal rate per foot of
such frontage; but the council may, in its discretion,
provide, in the instance of corner lots, for an assessment deemed
considered to be equitable. Provided, however, a
municipality may not make a sewer connection or provide a sewage
disposal service outside the municipality if:
(i) a special purpose or public service district, as
defined by Section 6-11-1610;
(ii) a special tax district, as defined by Section 4-9-30(5);
(iii) a political subdivision authorized to provide
such service; or
(iv) an organization incorporated under Section 33-35-10 et
seq. and authorized to provide such service
has the authority to provide such service in that area. If the area
to be served is part of a development plan or zoned for residential use,
then an assessment may be levied by the council on a per unit or platted
parcel basis rather than on a front-foot basis. As used in this item,
`front-foot' assessment includes assessments levied on a per unit or
platted parcel basis. The council may provide in such
resolution the ordinance that the front-foot assessments to
be levied in connection with such the installations may
be paid in equal installments covering a period of not exceeding
ten twenty years. Such The deferred
payments shall be are payable annually within the
period that county taxes are payable and late payments shall
must be penalized to the same extent as in the case of
county taxes.
The General Assembly does not intend through this article to permit
assessments against abutting property where no benefit will
result results to such the property or where
any such the benefit would result
results only at some remote future time. Accordingly, no
council shall, pursuant to this article, may impose
any a front-foot assessment against any property unless
the assessment property is being used for or is devoted
to commercial, industrial, or residential purposes at the time of
the assessment or unless, in the case of properties on which no buildings
shall be are situate, such those
properties shall have been platted, zoned, or otherwise
developed as a part of a subdivision devoted to residential,
industrial, or commercial purposes;. If any
such property, which pursuant to the provisions of this
paragraph is exempt from front-foot assessment at the time the
assessment is originally levied, is later converted to commercial,
industrial, or residential purposes, or is later platted,
zoned, or otherwise developed, then at such
that time front-foot assessments may be levied against
such the property. No individual parcel shall be
assessed on the basis of more than two hundred fifty feet of
frontage.
In connection with the imposition of such these
front-foot assessments:
(a) The ordinance providing for such the
front-foot assessments shall must designate by a general
description the improvement to be made, and the street
or parts thereof whereon of streets where the work is to
be effected, and the actual cost thereof of
the improvement, and the amount of the cost to be assessed
upon all abutting property subject to the provisions of the preceding
paragraph this item, and the terms and manner of payment.
Such The ordinance shall may not
become effective until at least seven days after it shall have been
is published in a newspaper of general circulation in the
municipality. Such The ordinance may incorporate by
reference plats and engineering reports and other data on file in the
council's office provided that if the place of filing and
reasonable hours for inspection by interested persons are specified in the
ordinance.
(b) Upon the completion of the construction of any
such a sewer laterals lateral or any
extensions thereof an extension of a sewer lateral, the
council shall compute and ascertain the total cost thereof and
shall thereupon make an assessment of such based
on the total cost or so much thereof of the total cost
as it deems considers appropriate. For that purpose the
council shall make out an assessment roll in which must be entered the
names of the persons assessed and the amount assessed against their
respective properties with a brief description of the lots or parcels of
land assessed.
(c) Immediately after such the assessment roll
has been is completed, the council shall forthwith
cause one make a copy thereof to be deposited
of the assessment roll available in the council's office for
inspection by interested parties, and shall cause to be
published publish at least once in a newspaper of general
circulation within the municipality a notice of completion of the
assessment roll setting forth a description in general terms of the
improvements and the time fixed for the meeting of the council for a
hearing of on objections in respect of to
the front-foot assessments; such. The meeting
may not to be earlier than ten days from the date of the
publication of such the notice.
(d) As soon as practicable after the completion of the
assessment roll and prior to before the publication of the
notice above-mentioned required in
subparagraph subitem (c), the council shall
mail to the owner or all owners of each lot or parcel of
land against which a front-foot assessment is to be levied at his or
their the address, if any, appearing on the records of the
treasurer of the municipality, a notice stating the nature of the
improvement, the total cost thereof of the improvement,
the amount to be assessed against the particular property,
and the frontage in feet upon which the front-foot assessment is
based, together with and the terms and conditions upon
which the front-foot assessment may must be paid. This
notice shall also must contain a brief description of the
particular property involved together with and a
statement that the amount assessed shall constitute
constitutes a lien against the property superior to all other liens
except property taxes. The notice shall also must state
the time and place fixed for the meeting of the council
above-mentioned for a hearing of to hear objections
in respect of on the front-foot assessments. Any
A property owner who fails, not later than three days prior
to the date set for such meeting, to file with the council a written
objection to the front-foot assessments against his property shall be
is deemed to have waived all rights to object to such
his front-foot assessment unless he files with the council a
written objection to the amount against his property at least three days
before the meeting of the council to hear the objections;
and. The notice prescribed herein shall so state
by this subitem must state the waiver consequences for failure to
timely file an objection.
(e) At the time and place specified for the meeting
above-mentioned in subitem (d), or at some other time
to which it may adjourn, the council shall hear the objections of all
persons who have filed written notice of objection within the time
prescribed by subitem (d) above, who may
appear and make proof in relation thereto either in person or by
their attorney. The council may thereupon make such
corrections in the assessment roll as it may deem proper,
or confirm the same assessment roll,
or set it aside and provide for a new assessment. Whenever the
council shall confirm confirms an assessment roll, either
as originally prepared or as thereafter corrected, a copy
thereof certified by the secretary of the council shall
forthwith must be filed in the office of the register of
mesne conveyances or, if none, in the office of the clerk of court of
common pleas of each county in which any property lies, and against
which any front-foot assessments have been levied;.
From the time of such the filing the front-foot
assessments impressed in the assessment roll shall constitute and
be are a lien on the real property against which the
same assessments are assessed levied,
superior to all other liens and encumbrances except only the lien for
property taxes.
(f) After the assessment roll has been confirmed a certified copy
thereof shall must be delivered to the treasurer of
such the municipality in which any front-foot
assessments are levied thereby who shall prepare and keep a
separate book or books in connection therewith on these
assessments and who shall proceed to collect the
same amounts in the manner of municipal taxes and
shall remit such the collections on or before April
fifteenth of each year upon the direction of the council. Each year the
treasurer of the municipality shall mail out notices of
such the front-foot assessments at the same time county
tax notices are mailed. Past due front-foot assessments shall
must be turned over by the respective municipal treasurers to
the sheriff or delinquent tax collector of the municipality who shall
proceed to collect them in the same manner as unpaid
municipal taxes are collected. The collecting official shall
likewise keep separate records in connection with such
of the past due assessments and shall remit all sums collected
forthwith upon the direction of the council.
(g) Immediately upon the confirmation of an assessment the
council shall mail a written notice of the amount of the front-foot
assessment finally confirmed against the property of to all
persons each person who have filed a
written objections as hereinabove provided of the amount of the
front-foot assessment finally confirmed against his property
objection. If any such A person is
dissatisfied with the amount of the confirmed front-foot
assessment so confirmed and shall within ten days after the
mailing of the notice confirming the assessment to him may give
written notice to the council of his intent to appeal his front-foot
assessment to the court of common pleas for the county in which
his the property is assessed, or any part
thereof,of the assessed property is located, and
shall within five days after giving such notice to the
council shall serve upon the council a statement of facts upon
which he bases his the appeal is based;
but no such . No appeal pursuant to this
subitem shall may delay or stop the construction of
the improvements or affect the validity of the front-foot assessments
confirmed and not appealed. The appeal shall must be
tried at the next term of court as other actions at law with priority over
all other cases.
(h) The council may correct, cancel, or remit any
such a front-foot assessment and may remit,
cancel, or adjust the interest or penalties of any
a front-foot assessment and is empowered, when in its
judgment there is any an irregularity, omission,
error, or lack of jurisdiction in any of the proceedings
a proceeding relating thereto to the assessment,
to may set aside the whole of any assessment
made by it and thereupon to make a reassessment.
(i) In the event If the council provides that
such the front-foot assessments may be paid in equal
annual installments, then in that event the front-foot assessment
shall be deemed to be is due and payable in the equal
annual installments prescribed by the council and shall
must bear interest at the a rate prescribed
by the council not to exceed the greater of (a) of four
eight per cent per annum or (b) the same rate of interest
paid by the council on monies it borrowed to make the improvements for
which the assessment was levied from the date of the confirmation
of the assessment roll, payable with such the annual
installment. Any A property owner shall have
has the right at any time in at his option to
prepay in full the front-foot assessment against his property by the
payment of the balance due plus interest calculated to the date of
prepayment. If any a property owner shall fail
fails or neglect neglects to pay any
an installment when the same it becomes due
and payable, then and in that event the council may, at its
option, declare all of the installments remaining unpaid at
once due and payable and such the property
shall must be sold by the sheriff in the same manner and
with the same right of redemption as are prescribed by law for
the sale of land for unpaid property taxes.
(j) All moneys monies realized from front-foot
assessments shall must be kept in a separate and distinct
fund either on deposit with the municipal treasurer or, in the
discretion of the council, in a bank located within the county in which
the municipality is located and used first, to the extent prescribed by
the council in the ordinance providing for the front-foot
assessments, to defray the cost to the extent prescribed by the
council in the ordinance providing for such front-foot assessments of the
establishing and construction of the sewage lateral collection lines
costs of construction of the sewer collection and transmission system
or water distribution lines in connection with which the front-foot
assessments were levied, or second, to provide debt
service on bonds issued by the municipality to defray the costs of
such the construction; and for no other purpose. In
the event If a municipality issues bonds and uses only a
portion of the proceeds thereof to defray all or a part of the
cost of constructing sewer lateral collection lines costs of
construction of a sewer collection and transmission system or water
distribution lines, moneys monies derived from the
front-foot assessments shall must be used to provide
debt service to the extent prescribed in the ordinances providing for the
imposition of the front-foot assessments and authorizing the issuance of
the bonds.
(k) Moneys monies received by the council
from front-foot assessments and deposited by it as prescribed in
the foregoing paragraph subitem (j), may to the
extent practicable, may be invested in the
discretion of the council in obligations of the United States of
America, obligations of any an agency of the United
States of America, or obligations guaranteed by any
an agency of the United States of America, maturing in such
fashion so as to provide cash moneys
monies for the principal and interest payments of these
bonds payable therefrom when due. All income derived from
any such investment shall these investments must be
applied to the same purpose to which the invested funds are applicable.
(l) Whenever moneys monies derived from the
front-foot assessments are deposited in a bank, the amount of
such the deposits in excess of the amount insured by the
Federal Deposit Insurance Corporation shall must be
secured by direct obligations of the United States, or by
obligations of an agency of the United States, or by obligations
guaranteed by an agency of the United States. Nothing herein
in this article shall may be construed to
prohibit the council from requiring such additional security as it
may deem considers appropriate."
SECTION 3. Section 6-11-1220 of the 1976 Code is amended to
read:
"Section 6-11-1220. For all purposes of As used
in this article:
(a) The term `District' shall mean means
any a special purpose or public service district now
existing or hereafter created by an act of the General Assembly
now or from time to time exercising that exercises the
power to construct and operate sewer collection, disposal, and
treatment facilities;.
(b) The term `Commission' shall mean
means the governing agency of any a district
as now or hereafter constituted;.
(c) The term `Water distribution agency' shall mean
any means a public or private agency operating a water
distribution system within any a district or any
within a portion thereof; of a district.
(d) The term `Sewage' shall mean
means domestic or industrial waste requiring collection,
disposal, and treatment;.
(e) The term `Sewer service charge' shall mean
means the monthly, quarterly, or annual charge
imposed by any a district for the collection,
treatment, and disposal of sewage irrespective of
whether the same shall be collected by a water distribution
agency or whether it shall be assessed against the property
served as provided by Section 6-11-1230;.
(f) The term `Sewer connection charge' shall mean
means the charge imposed upon property owners as a condition
to authorizing them to connect connecting to and
discharge discharging sewage into any
a public sewer system; and.
(g) The term `Front-foot assessment' shall mean
means the assessment levied to reimburse a district for that
portion of the cost of installing sewer laterals (collection lines)
costs of construction imposed by the commission on a
front-foot basis.
(h) The term `lateral collection lines' shall mean the gravity
system, to include pump stations, lift stations and force drains, utilized
to transmit waste water to a central or master transmission station. `Sewer collection and transmission system' means the gravity
collection system, pump stations, force mains, service laterals to
individual property lines, and all accessories and appurtenant fixtures
utilized to transmit wastewater to a central or master transmission station
or trunk sewer line.
(i) `Costs of construction' means, without limitation, the cost of the
establishment, construction, or extension of a sewer collection and
transmission system, the cost of engineering and architectural surveys
and plans and specifications, the cost of legal, financial, accounting, and
auditing expenses, the cost of issuing bonds to finance these
improvements, the cost of interest during the construction period, and a
reasonable reserve fund requirement."
SECTION 4. Section 6-11-1230 of the 1976 Code, as last
amended by Act 597 of 1988, is further amended to read:
"Section 6-11-1230. Each commission shall be empowered
as follows may:
(1) To place into effect and revise whenever it so
wishes or may be required a schedule of sewer service and sewer
connection charges for the use of and connection to any
a sewage disposal system which it may operate
operates. Prior to the Before making of
any a sewer connection or the furnishing of
making any a sewage disposal service
available for which the prescribed sewer service charge
shall, pursuant to Section 6-11-1240, become
becomes a lien on the property affected and prior to any
before a subsequent increase in any such a
sewer service charge, not less than ten days' written notice shall
must be given to each affected property owner notifying
him of the nature and quantum amount of the sewer
service charge and providing such the property owner
an opportunity if desired and requested, to appear and be heard
in person or by counsel before the commission. Following such
a hearing requested by a property owner, if such be
requested and held, action shall must be taken by
the commission and notice of its decision shall
must be given to the property owner concerned or to his
counsel, as the case may be, not less than ten days prior
to before the effective date of the sewer service charge.
Any A property owner aggrieved by the action of the
commission may, under the provisions of Chapter 7, Title 18,
may appeal to the court of common pleas for the county in
which the property affected or any part thereof of the
property lies to have such the court review the
action taken by the commission, at which time the court will
shall determine the validity and reasonableness of the sewer
service charge so made. Sewer service charges not intended to
become liens a lien in the case of nonpayment
can may be imposed and subsequently increased upon
any a user in the district without such
the notice and hearing required by this
item.;
(2) To enter into contracts with any a
water distribution agency upon terms and conditions to be mutually
agreed upon by which the commission shall constitute
constitutes the water collection distribution
agency as the agent of the commission, for the purpose
of collecting such sewer service charges as the commission
shall from time to time impose imposes upon those who
utilize its sewage disposal facilities and the commission shall
empower the water collection agency as such the agent
to disconnect water service upon failure of any a user
to pay such the sewer service charges.;
(3) To prescribe and enforce regulations:
(a) requiring all persons to whom it shall be
is available to make use of any a sewer system
which the district shall from time to time operate
operates; and
(b) generally with respect to the discharge of sewage and the use
of privies, septic tanks, and any other type
types of sewage facilities within the district.
Any such The regulations shall, however,
become effective only after they have been adopted by resolution
of the commission has adopted them by resolution, a
certified copy thereof has been recorded in the office of the
register of mesne conveyances, or, if none, in the office of the
clerk of court of common pleas for each county in which such
the sewer system lies, a copy has been posted in the
courthouse of each such county those counties, and
notice of the adoption of such the resolution has been
published at least once a week for three successive weeks in a
newspaper having general circulation in the district. The published
notice shall must specify in brief the scope of the
regulations and shall must state the date on which the
same regulations shall become effective.
Prior to the Before adoption of the aforesaid
resolution, the commission shall give public notice of a meeting to be
held to consider its adoption the resolution and the
notice shall must appear in a newspaper having general
circulation in the district at least once not less than seven days prior
to before the occasion date fixed for the
holding of such meeting. Any A person affected
may attend such the meeting and express his views on
the proposed regulations. The provisions of this paragraph
subitem prescribing conditions upon the effectiveness of
the which these regulations specified above in this
paragraph shall become effective may not be
deemed considered to impose mandatory conditions
upon the exercise of any other power or the adoption of any other type
of regulation authorized by this article or otherwise.
The These regulations authorized hereby include
regulations which permit may authorize the disconnection
of property from sewer service in the event of nonpayment of sewer
charges. No such These regulations shall
may not permit any disconnection until after the
customer has been given an opportunity to be heard in person or by
counsel on the question of disconnection before the commission or
any a person designated by the commission after not
less than five days' written notice specifying the basis for the
disconnection.;
(4) To provide by resolution that the actual
cost of the establishment and construction costs of
construction of a water distribution line or sewer lateral
collection and transmission system line hereafter
constructed by the commission and an extension of a line within the
district, or so much of the actual cost as the commission considers
appropriate, must be assessed subject to the provisions of the next
paragraph this item upon the lots and parcels of land
abutting directly on the lateral line or extension of a lateral line
according to the extent of the respective frontage on them, by an
equal rate per foot of frontage; but the commission may provide, in the
instance of corner lots, for an assessment considered to be equitable. If
the area to be served is part of a development plan or zoned for
residential use, then an assessment may be levied by the commission on
a parcel, or per unit, or platted parcel
basis rather than on a front-foot basis. As used in this section
item, `front-foot assessment' includes assessments levied on a
parcel, or per unit, or platted parcel
basis. The commission may provide in the resolution that the front-foot
assessments to be levied in connection with the installations may be paid
in equal installments covering a period of not exceeding twenty
years. The deferred payments are payable annually within the period
that county taxes are payable and late payments must be penalized to the
same extent as in the case of county taxes.
The General Assembly does not intend through this article to permit
assessments against abutting property where no benefit results to the
property or where a benefit results only at some remote future time.
Accordingly, no commission, pursuant to this article,
may impose a front-foot assessment against any property unless the
property is being used for or is devoted to commercial,
industrial, or residential purposes at the time of the assessment or
unless, in the case of properties on which no buildings are situate, those
properties have been platted, zoned, or otherwise developed as a part of
a subdivision devoted to residential, industrial, or commercial
purposes. If any property, pursuant to the provisions of
this paragraph, is exempt from front-foot assessment at the time
the assessment is originally levied, is later converted to commercial,
industrial, or residential purposes, or is later platted, zoned, or otherwise
developed, then at that time front-foot assessments may be
levied against the property. No individual residential parcel may be
assessed on the basis of more than two hundred fifty feet of
frontage.
In connection with the imposition of such these
front-foot assessments:
(a) The resolution providing for such the
front-foot assessments shall must designate by a general
description the improvement to be made, and the street
or parts thereof whereon of a street where the work is
to be effected, and the actual cost thereof of
the improvement, and the amount of the cost to be assessed
upon all abutting property subject to the provisions of the preceding
paragraph this item, and the terms and manner of payment.
Such The resolution shall does not
become effective until at least seven days after it shall have been
is published in a newspaper of general circulation in the district.
Such The resolution may incorporate by reference plats
and engineering reports and other data on file in the commission's office
provided that if the place of filing and reasonable hours
for inspection by interested persons are specified in the resolution.
Within thirty days of such the publication the
commission shall prepare in poster form a notice advising of the
proposed assessments and generally describing the area to be affected
and shall deliver the notice to the register of mesne conveyances or, if
none, to the clerk of court of each county wherein any affected property
lies. The register of mesne conveyances or clerk of court shall
prominently display such the notice in his
the office until the assessment roll prescribed by subitem (e) has
been filed. Failure to provide or post such the notice
shall does not affect the validity of any
an assessment hereunder levied under this item.
(b) Upon the completion of the construction of any such
a sewer laterals lateral or any extensions
thereof an extension of a sewer lateral the commission shall
compute and ascertain the total cost thereof and shall
thereupon make an assessment of such based on
the total cost or so much thereof of the total cost as
it deems considers appropriate. For that purpose the
commission shall make out an assessment roll in which must be entered
the names of the persons assessed and the amount assessed against their
respective properties with a brief description of the lots or parcels of
land assessed.
(c) Immediately after such the assessment roll
has been completed, the commission shall forthwith cause one
make a copy thereof to be deposited of the
assessment roll available in the commission's office for inspection
by interested parties, and shall cause to be published
publish at least once in a newspaper of general circulation
within the district a notice of completion of the assessment roll setting
forth a description in general terms of the improvements and the time
fixed for the meeting of the commission for a hearing of
on objections in respect of to the front-foot
assessments; such. The meeting may
not to be earlier than ten days from the date of the publication of
such the notice.
(d) As soon as practicable after the completion of the
assessment roll and prior to before the publication of the
notice above-mentioned required in
subparagraph subitem (c), the commission shall
mail to the owner or all owners of each lot or parcel of
land against which a front-foot assessment is to be levied at his or
their address,the address if any, appearing on the records
of the county treasurer, a notice stating the nature of the improvement,
the total cost thereof of the improvement, the amount
to be assessed against the particular property, and the
frontage in feet upon which the front-foot assessment is based,
together with and the terms and conditions upon which
the front-foot assessment may be paid. This notice shall also
must contain a brief description of the particular property
involved together with and a statement that the amount
assessed shall constitute constitutes a lien against the
property superior to all other liens except property taxes. The notice
shall also must state the time and place fixed for the
meeting of the commission above-mentioned for a hearing of
to hear objections in respect of on the
front-foot assessments. Any A property owner who
fails, not later than three days prior to the date set for such meeting, to
file with the commission a written objection to the front-foot
assessments against his property shall be is deemed to have
waived all rights to object to such his front-foot
assessment unless he files with the commission a written objection
to the amount against his property at least three days before the meeting
of the commission to hear the objections; and. The
notice prescribed herein shall so state by this subitem must
state the waiver consequences for failure to timely file an objection.
(e) At the time and place specified for the meeting
above-mentioned in subitem (d), or at some other time
to which it may adjourn, the commission shall hear the objections of all
persons who have filed written notice of objection within the time
prescribed above by subitem (d) who may appear and
make proof in relation thereto either in person or by their
attorney. The commission may thereupon make such
corrections in the assessment roll as it may deem proper,
or confirm the same, assessment roll or set
it the assessment aside and provide for a new
assessment. Whenever the commission shall confirm
confirms an assessment roll, either as originally prepared or as
thereafter corrected, a copy thereof certified by the
secretary of the commission shall forthwith must be
filed in the office of the register of mesne conveyances or, if none, in the
office of the clerk of court of common pleas of each county in which
any a property lies, and against which any front-foot
assessments have been levied;. From the time of
such the filing the front-foot assessments impressed in
the assessment roll shall constitute and be are
a lien on the real property against which the same
assessments are assessed levied superior to all
other liens and encumbrances except only the lien for property taxes.
(f) After the assessment roll has been confirmed a certified copy
thereof shall must be delivered to the treasurer of each
county in which any front-foot assessments are levied thereby
who shall prepare and keep a separate book or books in connection
therewith on these assessments and who shall proceed
to collect the same assessments in the manner of
county taxes and shall remit such the collections on or
before April fifteenth of each year upon the direction of the commission.
Each year the county treasurer shall mail out notices of
such the front-foot assessments at the same time county
tax notices are mailed. Past due front-foot assessments shall
must be turned over by the respective county treasurers to the
county sheriff or delinquent tax collector who shall proceed to
collect them in the same manner as unpaid county taxes are
collected. The collecting official shall likewise keep separate
records in connection with such of the past due
assessments and shall remit all sums collected forthwith upon the
direction of the commission.
(g) Immediately upon the confirmation of an assessment the
commission shall mail a written notice to of the amount of
the front-foot assessment finally confirmed against the property of
all persons each person who have filed
a written objections objection as
hereinabove provided of the amount of the front-foot assessment finally
confirmed against his property. If any such A
person is dissatisfied with the amount of the confirmed
front-foot assessment so confirmed and shall within ten days
after the mailing of the notice confirming the assessment to him
may give written notice to the commission of his intent to appeal
his front-foot assessment to the court of common pleas for the county in
which his the property is assessed, or any part
thereof of the assessed property, is located, and
shall within five days after giving such notice to the
commission shall serve upon the commission a statement of
facts upon which he bases his the appeal is
based; but. No such appeal pursuant
to this subitem shall may delay or stop the
construction of the improvements or affect the validity of the front-foot
assessments confirmed and not appealed. The appeal shall
must be tried at the next term of court as other actions at law
with priority over all other cases.
(h) The commission may correct, cancel, or remit
any such a front-foot assessment and may remit,
cancel, or adjust the interest or penalties of any
a front-foot assessment and is empowered, when in its
judgment there is any an irregularity, omission,
error, or lack of jurisdiction in any of the proceedings
a proceeding relating thereto to the assessment,
to may set aside the whole of any assessment
made by it and thereupon to make a reassessment.
(i) In the event If the commission provides that
such the front-foot assessments may be paid in equal
annual installments, then in that event the front-foot assessment
shall be deemed to be is due and payable in the equal
annual installments prescribed by the commission and shall
must bear interest at a rate prescribed by the commission not to
exceed the greater of (a) eight percent per annum or (b) the
same rate of interest paid by the commission on monies it borrowed to
make the improvements for which the assessment was levied not to
exceed the interest rate limitation as prescribed by law from the date of
the confirmation of the assessment roll, payable with such
the annual installment. Any A property owner
shall have has the right at any time in at
his option to prepay in full the front-foot assessment against his property
by the payment of the balance due plus interest calculated to the date of
prepayment. If any a property owner shall fail
fails or neglect neglects to pay any
an installment when the same it becomes due
and payable, then and in that event the commission may, at
its option, declare all of the installments remaining unpaid at once
due and payable and such the property shall
must be sold by the county sheriff in the same manner and with
the same right of redemption as are prescribed by law for the sale
of land for unpaid property taxes.
(j) All moneys monies realized from front-foot
assessments shall must be kept in a separate and distinct
fund either on deposit with the county treasurer or, in the
discretion of the commission, in a bank located within the county in
which the district is located and used first, to the extent prescribed
by the commission in the resolution providing for the front-foot
assessments, to defray the cost to the extent prescribed by the
commission in the resolution providing for such front-foot assessments
of the establishment and construction of the sewage lateral collection
lines costs of construction of the sewer collection and
transmission system or water distribution lines in connection with
which the front-foot assessments were levied, or second,
to provide debt service on bonds issued by the district to defray the costs
of such the construction; and for no other purpose.
In the event If a district issues bonds and uses only a
portion of the proceeds thereof to defray all or a part of the
cost of constructing sewer lateral collection lines costs of
construction of a sewer collection and transmission system or water
distribution lines, moneys monies derived from the
front-foot assessments shall must be used to provide
debt service to the extent prescribed in the resolutions providing for the
imposition of the front-foot assessments and authorizing the issuance of
the bonds. Nothing contained in this article shall may
be construed to authorize any borrowing by a district.
(k) Moneys Monies received by the
commission from front-foot assessments and deposited by it as
prescribed in the foregoing paragraph subitem (j),
may to the extent practicable, may be invested
in the discretion of the commission in obligations of the United
States of America, obligations of any an agency of the
United States of America, or obligations guaranteed by
any an agency of the United States of America,
maturing in such fashion so as to provide cash
moneys monies for the principal and interest payments
of these bonds payable therefrom when due. All
income derived from any such investment shall these
investments must be applied to the same purpose to which the
invested funds are applicable.
(l) In the event If moneys
monies derived from the front-foot assessments are held by the
county treasurer such the funds shall
must be secured in the same manner as county funds. In the
event such If these funds are deposited in a bank, the
amount of such the deposits in excess of the amount
insured by the Federal Deposit Insurance Corporation shall
must be secured by direct obligations of the United
States, or by obligations of an agency of the United
States, or by obligations guaranteed by an agency of the United
States. Nothing herein shall may be construed to
prohibit the commission from requiring such additional security
as it may deem considers appropriate."
SECTION 5. This act takes effect upon approval by the Governor.
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