The Town may levy and collect taxes in the form of special assessments
in a limited and determinable area for special benefits conferred
upon such property by the installation or construction of municipal
infrastructure improvements, such as water mains, sanitary sewer mains,
storm water sewers, curbs, and gutters and by the construction and
paving of roads, public ways and sidewalks or parts thereof, and it
may provide for the payment of all or any part of the above projects
out of the proceeds of the 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)
The cost of the project being charged for shall be calculated, apportioned,
and levied:
(b)
No special assessment shall 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 percent (25%) of the assessed value of the property
after giving effect to the benefit accruing thereto from the project
or improvement from which assessed.
(c)
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)
All special assessment charges shall be levied by the Mayor and Council
by ordinance. Before levying any special assessment charges, the Council
shall hold a public hearing. The Mayor 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 to be used in apportioning the
cost, and the limits of the proposed area of assessment. The notice
shall also 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 or 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 of a copy of the notice at least once in a newspaper
of general circulation in the Town. The Mayor shall present at the
hearing a certificate of publication and mailing of copies of the
notice, which certificates shall be deemed proof of notice. Failure
of any owner to receive the 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 completion of publication and service
of notice as provided in this Section. Following the hearing, the
Council may vote to proceed with the project and may levy the special
assessment.
(e)
Any property owner aggrieved by the levying of any special assessment
under the provisions of this Section shall have the right to appeal
to the Circuit Court of the County within thirty (30) days after the
levying of an assessment by the Council.
(f)
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 a rate to be determined by the Council.
(g)
All special assessment installments shall be overdue thirty (30)
days 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 at law. Unless otherwise provided in the ordinance, special
assessments shall bear the same interest and penalties as other Town
taxes and shall be subject to the same lien priority and tax sale
procedures in case of delinquency as is provided for general Town
taxes.
(h)
All special assessments shall be billed and collected by the Treasurer
or other agent for the Town.
