The text
Sec. 22-351. - Findings.#
(a)
Section 12 of chapter 211 of the Public Laws of Rhode Island, 1980, authorizes the town council to assess a portion of the town's sewer system by means of a sewer betterment assessment.
(b)
Improved real estate which has direct access to the sewer system will receive a particular and special benefit upon the completion of the sewer project. The minimum amount of such benefit is hereby determined to be $2,670.00 for each single-family dwelling so benefited. Real estate which is improved with multifamily dwellings, condominiums, commercial establishments, industry and nonprofit churches and schools will derive increased particular and special benefits corresponding to increased occupancy capacity of the structures utilized for such purposes, and may be charged a higher sum, per section 22-316.
(c)
Unimproved lots that front a street with a sewer and are buildable will be assessed the regular amount per home site ($2,670.00). The property owner may declare multiple lots to be one homesite. However, if the original homesite is subsequently divided, assessment charges will be imposed in accordance with the intent of section 22-277. The charge shall then be assessed for each subsequently divided lot, and shall be due in full upon subdivision.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-352. - Sewer construction costs.#
(a)
The town council hereby levies a sewer assessment with respect to each sewer assessment structure or homesite in the town. Such assessment shall take effect upon the completion of the requirements of section 22-279.
(b)
The amount of such sewer assessment with respect to each sewer assessment structure or homesite shall be the total amount derived from the following table with respect to each separate sewer assessment structure or homesite.
Assessment
(1)
Residence structure .....$2,670.00
(2)
Multifamily residence structure containing two residential units .....2,670.00
(3)
Multifamily residence structure containing more than two residential units, an amount for each residential unit of .....2,670.00
(4)
Commercial structure (up to 10,000 square feet) .....2,670.00
(5)
Commercial structure (for each additional 10,000 square feet or major fraction thereof) .....2,670.00
(6)
Industrial structure (up to 10,000 square feet) .....2,670.00
(7)
Industrial structure (for each additional 10,000 square feet or major fraction thereof) .....2,670.00
(8)
Church or school structure (up to 5,000 square feet) .....2,670.00
(9)
Church or school structure (for each additional 5,000 square feet or major fraction thereof) .....2,670.00
(10)
Multiuse structure: The amount charged shall be the sum of the charges for the components, per subsections (b)(1)—(b)(9) of this section. .....
(c)
Abutting lands to sewer lines that are constructed at the expense of a developer or individual landowner are not assessed any construction charge.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-353. - Sewer assessment roll.#
(a)
At such time as the authorized agent shall by resolution authorize the sewer assessment, the tax assessor shall certify to the town clerk a sewer assessment roll of all sewer assessment structures within such area.
(b)
Such sewer assessment roll shall, with respect to each sewer assessment structure or homesite lot thereon, name the owner of the estate so assessed, the lot and plat number, the category of sewer assessment structure or structures thereon, and the amount of the sewer assessment thereon.
(c)
The tax assessor's office will prepare the assessment roll for each new addition to the sewer system that is constructed by the town, or for subdivisions of any estate.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-354. - Recording of sewer assessment roll.#
Upon receipt of such sewer assessment roll from the tax assessor, the town clerk shall endorse the date of delivery thereof and record such assessment roll as a public record.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-355. - Collection of assessment and lien.#
(a)
From the date of delivery to the town clerk of the sewer assessment roll, the amount of such assessment, including any interest that may accrue thereon, shall constitute a debt payable to the town by the owner of the sewer assessment structure, or homesite so assessed, and further constitutes a lien upon each sewer assessment structure or homesite so assessed, on a parity with the lien for town taxes, until paid in full. Such lien shall not be subject to termination under R.I.G.L. 1956, § 44-9-1.
(b)
The tax collector shall have the same power to collect such assessments and interest from the owners of the estates so assessed, whether or not residents of this state, and to enforce such lien against the sewer assessment structure or homesite so assessed as he has in the case of town taxes assessed against residents of this state.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-356. - Notice.#
Prior to or forthwith after delivery to the town clerk of a copy of such sewer assessment roll, the tax collector shall cause notice to be sent to the owners of each sewer assessment structure or homesite to which a sewer assessment has been made. Such notice shall be sent as prescribed by section 12 of the enabling act.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-357. - Payment.#
(a)
Each sewer assessment under this article shall be payable in equal annual installments over a period of 20 years with interest charged at an interest rate to be set, from time to time, by the town council.
(b)
The whole sewer assessment against any owner or estate may be prepaid without interest any time prior to the due date to the first installment thereof.
(c)
If any such sewer assessment which is not so prepaid is paid in full before the expiration of 20 years, there shall be an equitable adjustment of the interest charged so that interest will be paid only on the unpaid balance of such assessment for the period up to such payment in full.
(d)
Any owner of an estate who shall become delinquent in payment of his assessment shall be charged at a rate equal to the rate for delinquent real estate taxes, as that may be established by the town council from time to time.
(e)
Any person aggrieved by any such assessment may, within 30 days after the mailing or publication of notice to him, file a petition for relief to the sewer assessment review board. If the board finds such assessment invalid, in whole or in part, it shall give judgment reducing the amount thereof or for a refund accordingly. The filing of such a petition shall not relieve the estate involved from the lien provided for in section 22-355 or prevent the assessment becoming due as provided in this section, but the final judgment of the board reducing such assessment, in whole or in part, shall reduce such lien and the amount due accordingly.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-358. - Board of sewer assessment review—Generally.#
There shall be a board of sewer assessment review whose members shall be the members of the board of tax assessment review appointed by the town council pursuant to section 27-41 et seq. The board of sewer assessment review shall elect one of their number as chairman and one as secretary.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-359. - Same—Purpose, powers and duties; adjustments.#
(a)
Purpose, powers and duties. The board of sewer assessment review shall hear and decide appeals from landowners of record concerning the amounts of sewer assessments, provided that such appeals are properly filed in accordance with rules and regulations as promulgated by the board from time to time, and within 30 days of the mailing or publication of notice of such assessment to the landowner of record. The board shall also hear and decide appeals for water line breaks or unusual usage, and such other appeals as are referred to it by the town council; provided, however, that the town council has conferred upon the board jurisdiction to hear such additional appeals. The board may hold hearings, administer oaths, receive testimony and exhibits and prescribe rules and regulations necessary to perform its function. The board may request the town solicitor to provide advisory opinions respecting such appeals and otherwise advise the board.
(b)
Adjustments. If the board determines that an assessment is partially or wholly invalid, the board may make such adjustments as are necessary to replace the invalid assessment or portion thereof. The board shall notify the tax collector, the town clerk and the landowner of record of such adjusted assessment within five days of such adjustment. The adjusted assessment shall bear interest from the date that notice of such assessment was delivered to the town clerk.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-360. - Same—Rules of procedure.#
The following procedures shall be followed by landowners of record filing appeals from sewer assessments: (1)
All appeals to the board of sewer assessment review shall be on petitions provided by such board. Blank petitions will be available from the board, the tax collector or the town clerk.
(2)
All questions on such petitions shall be answered completely and truthfully.
(3)
A separate petition shall be filed for each review requested.
(4)
The landowner of record must file all petitions or, if this is not possible, such owner's mark or the signature of such owner's legal representative must appear and such representative's title must be affixed thereto.
(5)
The petitioners and the town council shall be notified of the time and place of the hearing.
(6)
The landowner of record, or such owner's representative, must appear at such meeting. If persons other than the landowner of record are to testify, a written authorization filed by the landowner of record must be presented to, and recorded by, the board.
(7)
Failure on the part of any petitioner or legal representative thereof to appear at the time and place designated by the board for such petitioner's petition to be heard, without prior notification, will be recorded as a default by nonappearance.
a.
Any petition so recorded as a default will not be reheard for a period of one fiscal year. No petition may be resubmitted for any year for which a prior petition was recorded as a default due to the nonappearance of the petitioner or his legal representative.
b.
There shall be no rehearing of any petition filed in one fiscal year unless the petitioner can present new or different evidence which could not have been presented to such board at the time of the original hearing or unless in the unanimous opinion of the board unusual circumstances warrant a rehearing.
(8)
The procedure for rehearings shall be as follows:
a.
A new petition must be filed with an accompanying list or brief of explanation.
b.
The board of sewer assessment review at its regular meeting, and after the filing of a petition for rehearing, will decide on the merits for a rehearing, and the petitioner will be notified in writing of the findings and recommendations of such board.
(9)
The proceedings of the board shall be recorded and kept in a minute book provided by such board and be in care, custody and control of the secretary and available for public inspection.
(10)
All decisions of the board of sewer assessment review shall be made by a majority vote of a quorum of such board. A majority of the members of the board shall constitute a quorum. The board may, in its sole discretion, adjourn any hearing without submitting an appeal for a vote.
(11)
Petitioners will be notified in writing of the findings, recommendations and decisions of the board which pertain to such petitioners' appeal.
(12)
Attorneys, expert witnesses and any other persons may be presented to the board by petitioners in the hearing of a petition.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-361. - Judicial appeal.#
(a)
The taking of an appeal to the board of sewer assessment review, or any action thereon, shall not be construed to limit or restrict the right of any landowner of record to apply to a court of competent jurisdiction in accordance with any law now or hereafter in effect for relief from any assessed valuation.
(b)
Any landowner aggrieved by an adjusted assessment may, within 90 days after the mailing or publication of notice of such assessment, file a petition for relief against the town in the superior court, and such petition shall be subject to the provisions of R.I.G.L. 1956, § 44-5-29. If the court finds such assessment invalid, in whole or in part, it shall give judgment reducing the amount thereof or for a refund accordingly. The filing of such a petition shall not relieve the landowner of record from the lien against the subject property provided for in section 22-355 or prevent the assessment from becoming due as provided in this chapter, but the final judgment of the court reducing such assessment, in whole or in part, shall reduce such lien and the amount due accordingly. The remedy provided in this subsection shall be exclusive, and no action or proceeding questioning the validity of any adjusted assessment shall be begun after the expiration of the 90-day period.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-362. - Connections.#
Connections shall be made within one year of when the lateral in front of the structure is completed and available for use, as determined by the town, per public notice. Connections from the structure to lateral will be made at the owner's expense.
(Ord. No. 2022-14, 11-16-22)