The town shall have the power to levy and collect
taxes in the form of special assessments upon property in a limited
and determinable area for special benefits conferred upon such property
by the installation or construction of water mains, sanitary sewer
main, stormwater sewers, curbs and gutters and by the construction
and paving of public ways and sidewalks or parts thereof, and to provide
for the payment of all or any part of the above projects out of the
proceeds of such special assessment. The cost of any project to be
paid in whole or in part by special assessments may include the direct
cost thereof, the cost of any land acquired for the project, the interest
on bonds, notes or other evidences of indebtedness issued in anticipation
of the collection of special assessments, a reasonable charge for
the services of the administrative staff of the town and any other
item of cost which may reasonably be attributed to the project.
The procedure for special assessments, wherever
authorized in this Charter, shall be as follows:
A. Cost. The cost of the project being charged for shall
be assessed according to the front foot rule of apportionment or some
other equitable basis determined by the Council.
B. Assessments. The amount assessed against any property
for any project or improvement shall not exceed the value of the benefits
accruing to the property therefrom, nor shall any special assessment
be levied which shall cause the total amount of special assessments
levied by the town and outstanding against any property at any time,
exclusive of delinquent installments, to exceed twenty-five per centum
(25%) of the assessed value of the property after giving effect to
the benefit accruing thereto from the project or improvement for which
assessed.
C. Classes. When desirable, the affected property may
be divided into different classes to be charged different rates, but,
except for this, any rate shall be uniform.
D. Levy. All special assessment charges shall be levied
by the Council by ordinance. Before levying any special assessment
charges, the Council shall hold a public hearing. The Director of
Finance shall cause notice to be given stating the nature and extent
of the proposed project, the kind of materials to be used, the estimated
cost of the project, the portion of the cost to be assessed, the number
of installments in which the assessment may be paid, the method used
in apportioning the costs and the limits of the proposed area of assessment.
The notice also shall state the time and place at which all persons
interested or their agents or attorneys may appear before the Council
and be heard concerning the proposed project and special assessment.
Such notice shall be given by sending a copy thereof by mail to the
owner of record of each parcel of property proposed to be assessed
and to the person in whose name the property is assessed for taxation
and by publication and mailing of copies of the notice, which certificate
shall be deemed proof of notice, but failure of any owner to receive
mailed copy shall not invalidate the proceedings. The date of hearing
shall be set at least ten (10) and not more than thirty (30) days
after the Director of Finance shall have completed publication and
service of notice as provided in this section. Following the hearing,
the Council, in its discretion, may vote to proceed with the project
and may levy the special assessment.
E. Appeals. Any interested person feeling aggrieved by
the levying of any special assessment under the provisions of this
section shall have the right to appeal to the Circuit Court for the
county within ten (10) days after the levying of any assessment by
the Council.
F. Payment. Special assessments may be made payable in
annual or more frequent installments over such period of time, not
to exceed ten (10) years, and in such manner as the Council may determine.
The Council shall determine on what date installments shall be due
and payable. Interest may be charged on installments at the rate to
be determined by the Council.
G. Overdue. All special assessment installments shall
be overdue six (6) months after the date on which they become due
and payable. All special assessments shall be liens on the property
and all overdue special assessments shall be collected in the same
manner as town taxes or by suit of law.
H. Collection. All special assessments shall be billed
and collected by the Director of Finance.