[Ord. of 11-30-1998, § 1]
At any time after the Town of New Milford, by its Town Council,
resolves to or approves the layout or construction of sidewalks and
curbs (hereinafter "improvements") in the downtown area, which is
defined as that area depicted in the Downtown New Milford Study, Pedestrian
Circulation (Richter, Cegen and Webb, 1996, p. 19), the Town Council
may levy benefit assessments upon the lands and buildings in the municipality
which, in its judgment, are especially benefitted by the improvements,
and upon the owners of such land and buildings, according to such
resolution as the Town Council adopts, subject to any right of appeal
allowed by law and subject to any exemptions mandated by law.
[Ord. of 11-30-1998, § 2]
The Town Council shall ascertain the cost of the improvements
and, in ascertaining the cost, shall take into account all costs of
construction, including, but not limited to, the cost of construction,
land acquisition, cost connected with financing the project, all engineering
and legal expenses especially chargeable to the project and any other
costs or expenses needed to complete the project or improvement.
[Ord. of 11-30-1998, § 3]
Upon determining the amount to be collected pursuant to the assessment, which amount may be a fraction of, but shall not exceed 50% of the cost of the improvement as determined in § 18-59, the Town Council shall assess the benefits upon the properties the Town Council determines are benefitted by the improvement in proportion to the square footage/area of the improvements fronting or bounding the properties to be assessed. The Town Council may make reasonable allowances whenever, for any reason, the particular situation of any property requires an allowance.
[Ord. of 11-30-1998, § 4]
For the purposes of any measurements required under these ordinances,
the maps of the Tax Assessor of the Town of New Milford shall be deemed
applicable and accurate unless shown to be otherwise by a Class A2
survey certified by a registered land surveyor.
[Ord. of 11-30-1998, § 5]
The Town Council may, by resolution, provide for installment
method of payment of any assessment levied hereunder, including the
number and duration of payments and interest rate to be charged. The
interest rate shall not exceed the rate of interest the municipality
is obligated to pay to finance the project or would have had to pay
if the project were financed.
[Ord. of 11-30-1998, § 6]
(a)
The Town Council shall fix in the Assessment of Benefits Resolution the due date of assessments made and the manner in which the assessment shall be paid, whether in full or by installment pursuant to § 18-62.
(b)
No assessment shall be made until after a public hearing has been
held before the Town Council at which the owners of all property to
be assessed shall have an opportunity to be heard concerning the proposed
assessment. Notice of the time, place and purpose of such hearing
shall be published at least 10 days before the date thereof in a newspaper
having a general circulation in the town, and a notice signed by the
Town Clerk shall be mailed to each owner of record of any property
to be affected by the assessment at such owner's address as shown
in the latest completed Grand List of the municipality. A copy of
the proposed Assessment Resolution shall be on file in the office
of the Town Clerk and available for inspection by the public at least
10 days prior to the date of the public hearing.
(c)
When the Town Council has finally determined the amount of the assessment
to be levied, the final resolution shall delineate the street address
of the properties to be assessed, the names and addresses of the affected
property owners and the specific assessment amount assessed against
each individual property. The final resolution of the Town Council
shall be filed in the office of the Town Clerk and the Town Clerk
shall cause the resolution to be published in a newspaper having a
general circulation in the town within 14 days after it is filed with
the Town Clerk.
[Ord. of 11-30-1998, § 7]
Delinquent assessments shall be secured in the method hereinafter
provided:
(1)
Any assessment of benefits or any installment thereof, not paid within
30 days after the due date, shall be delinquent and shall be subject
to interest from such due date at the interest rate in the manner
provided by the General Statutes for delinquent real estate taxes.
Such interest shall be collectible as part of such assessment.
(2)
Any unpaid assessment and any interest due thereon shall constitute
a lien upon the real estate against which the assessment was levied
from the date of such levy. Each such lien may be continued, recorded
and released in the manner provided by the General Statutes for continuing,
recording and releasing property tax liens. Each such lien shall take
precedence over all other liens and encumbrances except taxes and
may be foreclosed in the same manner as property tax liens. The Tax
Collector of the municipality may collect such assessments in accordance
with any mandatory provision of the General Statutes for the collection
of property taxes, and the town may recover any such assessment in
a civil action against any person liable therefore.
