[Ord. No. 5-1993, 7-20-1993]
(a)
The purpose of this division is to provide a mechanism pursuant to
state law in general, and, in particular, with regard to the provisions
of 30-A M.R.S.A. § 3441, to allow the City to recapture
or recover a portion of the cost and expenses incurred by it in undertaking
a sewer line extension project in the future. This division is adopted
pursuant to and shall constitute acceptance by the City, through the
City council, of the provisions of 30-A M.R.S.A. § 3441
et seq.
(b)
To the extent that there may be any conflict between the terms of
this division and the provisions of 30-A M.R.S.A. § 3441
et seq. as it may subsequently be amended or subsequently construed
by courts of competent jurisdiction rendering decisions relating to
the provisions of 30-A M.R.S.A. § 3441 et seq., it is the
intent that the provisions of state law and court decisions relating
thereto shall supersede the provisions of this division.
(c)
This division shall specifically be subject to and in accordance
with any amendments which may in the future occur to 30-A M.R.S.A.
§ 3441; however, should 30-A M.R.S.A. § 3441 et
seq. be repealed, it is the intent that this division remain in effect
unless or until repealed, or unless declared to be unlawful by a court
of competent jurisdiction.
[Ord. No. 5-1993, 7-20-1993; Ord. No. 44-1999, § 1, 2-1-2000]
(a)
Whenever the City or any political subentity involved in the operation
of sewer systems serving the public located within the City has constructed
and completed a public drain or common sewer, the City council shall
determine what lots or parcels of land are benefited by the drain
or sewer, and shall estimate and assess upon the lots or parcels of
land against the owner of the land or person in possession, or against
whom the taxes on the land are assessed, whether the person to whom
the assessment is made is the owner, tenant, lessee, or agent, and
whether the land is occupied or not, the sum not exceeding the benefit
it considers just and equitable toward defraying expenses of constructing
and completing the drain or sewer, together with any sewage disposal
units and appurtenances that are necessary.
(b)
Assessments shall be made in accordance with the policy for funding
future sewer extensions adopted by the City council on February 18,
1997, a copy of which is attached to Ordinance No. 44-1999 as schedule
A and incorporated in this section by reference. After the City has
constructed a sewer or drain, it shall be kept in repair.
(c)
Farmland, as defined by 36 M.R.S.A. § 102(4), is exempt
from assessment under this section where no benefits are derived from
the common sewer or drain, provided the owner of the farmland shall
notify the City council that the farmland in question does, in fact,
qualify for this exemption and that it is determined by the City council
to so qualify as farmland.
(d)
For the purposes of this section, the person claiming the exemption
shall provide such reasonable information as the City council shall
request in order to allow it to determine whether, in its opinion,
the land in question does, in fact, qualify as farmland and does,
in fact, not receive a benefit from the sewer in question.
(e)
The City council shall revise the assessment against qualified farmland
to exempt it from assessment when, in its opinion, such qualified
farmland is entitled to such exemption. Any revision of assessment
provided by this section shall be in writing and recorded by the clerk
and maintained for public inspection and review.
(f)
When the land use initially determined to be qualified farmland is
changed from farmland to another use, the owner shall, within 60 days,
notify the City council in writing of the change. The council shall
then assess this land in an amount equal to the assessment which would
have been due but for this section. The City council or sewer district
trustees shall notify the owner of the assessment due, which the owner
shall pay within 60 days of the notice or as provided by the City
council under its authority in 30-A M.R.S.A. § 3444.
[Ord. No. 5-1993, 7-20-1993; Ord. No. 44-1999, § 2, 2-1-2000]
If the City council has negotiated preconstruction contracts
with all assessed landowners for an extension project, the council
shall file a copy of the negotiated agreements with the City Clerk.
If the City council is unable to negotiate, to its sole satisfaction,
contracts with all assessed landowners or persons in possession, then
the City council shall file the following with the City Clerk:
(1)
The location of the drain or sewer and sewage disposal unit with
a profile description of the drain or sewer;
(2)
A statement of the amount assessed upon each lot or parcel of land
assessed under this division; and
(3)
The name of the owner of the lots or parcels of land or persons against
whom the assessment is made.
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The City Clerk shall record the assessment in a book kept for
that purpose.
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[Ord. No. 5-1993, 7-20-1993]
(a)
Within 10 days after the filing described in section 62-163 occurs, each person so assessed shall have notice of the assessment given to that person or left at that person's usual place of abode in the City, if any. If the person has no place of abode in the City, then the notice shall be given or left at the abode of the tenant or lessee, if any. If there is no tenant or lessee in the City, then the notice shall be given by one of the following methods:
(1)
Posting it in some conspicuous place in the vicinity of the
lot or parcel of land so assessed, at least 30 days before the hearing;
or
(2)
Publishing it for three successive weeks in any newspaper of
general circulation in the City. The first publication must be at
least 30 days before the hearing.
(b)
The notice must contain an authentic copy of the assessment and an
order of the notice signed by the City Clerk stating the time and
place for hearing upon the subject matter of the assessments. A return
made upon a copy of the notice by any member of the police department,
or the production of the paper containing the notice, is conclusive
evidence that the notice was given.
[Ord. No. 5-1993, 7-20-1993]
When the hearing provided for in section 62-164 is held, the City council may revise, increase or diminish any of the assessments. Any revision, increase or diminution must be in writing and recorded by the City Clerk.
[Ord. No. 5-1993, 7-20-1993]
(a)
Request for arbitration. Any person who is dissatisfied with the
amount assessed under 30-A M.R.S.A. § 3442 may, within 10
days after the hearing under 30-A M.R.S.A. § 3142(5), make
a written request to the City Clerk to have the assessment upon the
lot or parcel of land determined by arbitration.
(b)
Selection of arbitrators. The City council shall nominate six persons
who are residents of the City. The applicant shall select two of these
persons, and these two persons shall select a third person who is
a resident of the City and who is not one of the six persons nominated
by the City council.
(c)
Procedure. The three persons selected under subsection (b) of this section shall fix the amount to be paid by the applicant. Within 30 days from the hearing before the municipal officers under 30-A M.R.S.A. § 3442, the arbitrators shall report their findings to the City Clerk, who shall record them. The arbitrators' report is final and binding on all parties.
[Ord. No. 5-1993, 7-20-1993]
(a)
Except for service charges established under 30-A M.R.S.A. § 3406,
which shall be collected as provided for in that section, all assessments
and charges made under this division shall be certified by City council
and filed with the tax collector for collection.
(b)
Pursuant to the provisions of 30-A M.R.S.A. § 3444(1),
the City council may, by amendment to this division or adoption of
a new ordinance, make provision for the collection of assessments
and charges over a period of time not exceeding 10 years.
[Ord. No. 5-1993, 7-20-1993]
(a)
The provisions contained in this division for collection of assessments
shall not be exclusive. If assessments under this division are not
paid, the City may, if it does not proceed to collect the assessments
by a sale of the lots or parcels of land upon which assessments are
made, maintain a civil action against the party so assessed in any
court competent to try the action. In this action the City may recover
the amount of the assessment together with 12% interest on the assessment
from the date of the assessment and, additionally, the City may collect
its costs.
(b)
The provisions of 30-A M.R.S.A. § 3445 shall apply and
are incorporated in this section by reference.
