Current Status Introducing Body:Senate Bill Number:953 Primary Sponsor:Martschink Type of Legislation:GB Subject:Sewerage collection and disposal Residing Body:Senate Computer Document Number:BR1/1609.AC Introduced Date:May 01, 1991 Date of Last Amendment:Mar 11, 1992 Last History Body:Senate Last History Date:Mar 11, 1992 Last History Type:Amended, read second time Scope of Legislation:Statewide All Sponsors:Martschink Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
953 Senate Mar 11, 1992 Amended, read second time
953 Senate Mar 05, 1992 Committee Report: Favorable 11
with amendment
953 Senate May 01, 1991 Introduced, read first time, 11
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
March 11, 1992
S. 953
S. Printed 3/11/92--S.
Read the first time May 1, 1991.
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.