[Adopted 9-12-1972 (Secs. 2-171 through 2-183 of the 1972
Code)]
A.Â
The elector members of the Board of Special Assessments,
upon the expiration of the term of a member, shall be appointed for
terms of five years commencing on the first day of January.
B.Â
There are hereby authorized three alternate members
of the Board of Special Assessments, who shall be electors of the
Town and shall be appointed by the Town Council. At the time of original
appointment, one member shall be appointed to serve until December
31, 1972, one member until December 31, 1973, and one member until
December 31, 1974, and each successor shall be appointed for a term
of three years, commencing on the first day of January. Any alternate
member of the Board of Special Assessments shall, when designated
to act for any member of the Board of Special Assessments, have all
of the powers and duties of a member of the Board of Special Assessments.
The Board of Special Assessments shall have
such powers and duties as are set forth in this article.
[Amended 9-23-1980]
The Board of Special Assessments shall receive
petitions for any municipal work or improvement from the Town Manager,
the Council, the owners of 20% of the land area or 20% of the individual
property owners to be included within the area directly affected and
to be assessed by such petition. Once received, no petition may be
thereafter withdrawn, and no owner's name may be withdrawn from any
owner's petition, except with the permission of the Board of Special
Assessments for good cause shown.
The Board of Special Assessments shall hold at least one public hearing upon a petition submitted as provided in § 5-7, notice of which hearing shall be advertised in a newspaper having general circulation within the Town, which notice shall also be mailed to the owners of properties proposed to be assessed or damaged not less than 10 days prior to such hearing. Such mailed notice shall be valid if addressed to the record owner of such property as of the date of the most recent tax assessment list.
The Board of Special Assessments shall direct the Town Manager to have a report prepared prior to the hearing provided for in § 5-8, setting forth a detailed estimate of the cost of the proposed work or improvement, including all necessary surveys, plans, profiles and specifications, estimates of the value of and proposed awards of compensation for any land or other property proposed to be taken or damaged and estimates of the amount of assessment for benefits to be levied against each parcel of property affected, and such other information and/or recommendations as he or she deems pertinent.
If the Board of Special Assessments decides to consider an increase of the area to be affected by assessment of benefits or award of damages, or both, it shall hold another public hearing in addition to that required by § 5-8 to consider such increase or increases, giving notice in the same manner as provided in such section; provided, however, that such additional hearings shall not be required if an owner of each and every property to be affected by such assessment or award shall sign a statement waiving such additional hearing.
Whenever the Board of Special Assessments determines
to assess benefits or award damages for rights-of-way or easements,
or both, it shall mail a notice of the same to each owner of property
to be affected thereby, which notice shall be effective if mailed
to any owner of record within 15 days prior to the date of such mailing
and shall cause notice to be recorded in the land records of the Town,
which shall state the names of the owners of the properties to be
affected, the addresses or locations of the properties, the nature
of the proposed work or improvement, the amounts of the proposed assessments
and the location and nature of the rights and easements for which
damages are awarded.
The Board of Special Assessments shall meet from time to time, as often as necessary for prompt disposal of its official business, and at the time and place specified in any notice given as provided in § 5-8 or 5-10. It may adjourn from time to time as it may deem proper until all parties in interest shall have had a reasonable opportunity to be heard.
The Board of Special Assessments shall elect
its Chair from its members and determine its own rules of procedure,
and, except as otherwise provided herein, it shall have the power
to take testimony, subpoena witnesses, administer oaths and compel
the production of books, papers, documents and other evidence as shall
be required to provide for and to preserve a stenographic record.
[Amended 4-13-1982]
Special assessments levied for any improvement
having a life expectancy of 10 or more years may be made payable within
10 years in annual or more frequent installments, and interest charges
not to exceed 8% annually on any unpaid portion of any assessment
may be levied.
Special assessments levied as provided in this
article, together with the interest thereon, shall be paid to the
Town by those upon whose property the assessment is made and shall
be a first lien and have priority over any other lien or encumbrance,
except for taxes, upon the property assessed, until the same has been
fully paid, and the payment thereof may be enforced by the Town in
a civil action in the name of the Town or by foreclosure in the same
manner as a mortgage is foreclosed or by a conveyance in lieu of foreclosure.
No special assessment levied as provided in
this article shall be held invalid because the amount thereof is either
more or less than the amount required for the work or improvement
for which made. If the amount is more than necessary, the excess shall
first be credited on any unpaid installments of the assessments already
levied against the individual parcels of property, and any balance
then remaining shall be refunded to the property owners in proportion
to such assessments. If the amount assessed is less than necessary,
or if the court, upon appeal, awards a greater sum or assesses a lesser
sum than that appealed from, the additional amount required shall
be paid by the Town.
