[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 be repealed, it is the intent that this division remain in effect unless or until repealed, or unless declared to be unlawful by a court of competent jurisdiction.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.
The City Clerk shall record the assessment in a book kept for that purpose.
[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.