Town of Brookfield, CT Article V Assessment of Benefits for Sidewalk Improvements

[Adopted by the Board of Selectmen 5-2-2016]

§ 192-38 Assessments authorized.

At any time after the Town of Brookfield, by Town Meeting, zoning authority approval, or by the Board of Selectmen, resolves to or approves the layout or construction of sidewalks, curbs, other improvements and associated amenities (hereinafter "improvements") in the Town Center District as shown on the Town of Brookfield Zoning Map, the Board of Selectmen may levy benefit assessments upon the lands and buildings in the municipality which, in its judgment, are especially benefited by the improvements, and upon the owners of such land and buildings, according to such resolution as the Board of Selectmen may adopt, subject to any right of appeal allowed by law and subject to any exemptions mandated by law.

§ 192-39 Determination of cost of improvements.

The Board of Selectmen 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 related to the project and any other costs or expenses needed to complete the improvements.

§ 192-40 Criteria for determination of assessment.

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 improvements as determined in § 192-39, the Board of Selectmen shall assess the benefits upon the properties the Board of Selectmen determines are benefited by the improvements in proportion to the square footage/area of the improvements fronting or bounding the properties to be assessed. The Board of Selectmen may make reasonable allowances whenever, for any reason, the particular situation of any property requires an allowance (e.g., a corner lot).

§ 192-41 Use of Tax Assessor maps for measurements.

For the purposes of any measurements required under these ordinances, the maps of the Tax Assessor of the Town of Brookfield shall be deemed applicable and accurate unless shown to be otherwise by a Class A-2 survey certified by a registered Connecticut land surveyor.

§ 192-42 Authority of Board of Selectmen to provide for installment payments.

The Board of Selectmen may, by resolution, provide for an installment method of payment of any assessment levied hereunder, including the number and duration of payments and the 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 the prime rate of interest plus 1% if the project is not financed.

§ 192-43 Benefit assessment enactment procedure.

A. The Board of Selectmen 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 § 192-42.

B. No assessment shall be made until after a public hearing has been held before the Board of Selectmen at which the owners of all property to be assessed shall have had an opportunity to be heard concerning the proposed assessment. Notice of the time, place and purpose of such hearing shall be published at least seven 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 assessed at such owner's address as shown in the latest completed Grand List. A copy of the proposed Assessment of Benefits Resolution shall be on file in the office of the Town Clerk and available for inspection by the public at least seven days prior to the date of the public hearing.

C. When the Board of Selectmen has finally determined the amount of the assessment to be levied, the final resolution shall state 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 Board of Selectmen shall be filed in the offices of the Tax Assessor, Tax Collector and 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.

§ 192-44 Delinquent assessments.

A. 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 set interest rate. Such interest and costs shall be collectible as part of such assessment.

B. 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 assessment payment due date. Each such lien may be continued, recorded and released in the manner provided by the General Statutes for continuing, recording and releasing real estate 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 for real estate tax liens. The Tax Collector of the municipality shall collect such assessments, interest and costs in accordance with all provisions of the General Statutes for the collection of real estate taxes, and the Town may recover any such assessment, interest and costs in a civil action against any person liable therefor or by foreclosure in accordance with the General Statutes pertaining to the foreclosure of real estate tax liens.