2015 -- S 0880

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LC002572

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

IN AMENDMENT OF CHAPTER 330 OF THE PUBLIC LAWS OF 1997 AS AMENDED BY

CHAPTER 140 OF THE PUBLIC LAWS OF 2006, PERTAINING TO SEWERS IN THE

TOWN OF COVENTRY

     Introduced By: Senators Raptakis, Gee, and Kettle

     Date Introduced: May 06, 2015

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Sec. 9 of Chapter 330 of the Public Laws of 1997 as amended by Chapter

140 of the Public Laws of 2006 (collectively the "Act") is hereby further amended to read as

follows:

     Sec. 9. The council shall prescribe just and equitable sewer assessment rates on account

of the construction costs, to be levied against owners of property abutting on that portion of any

highway in which a common sewer is laid under this act and also rates of annual charge, on

account of operating and maintenance costs, to be levied against owners of property which is

connected to a common sewer.

     Sewer assessments shall be levied at a uniform rate against real property (improved and

unimproved), residential and non-residential, based upon rates that shall be established by the

council from time to time, by ordinance amendment, which assessments shall be based upon the

estimated cost of constructing all sewers, sewer service connections and other sewage works

belonging to the town. Annual charges shall be computed according to water consumption or

other factors deemed equitable by the council. Such annual charges herein referred to shall be

paid annually by every property owner or institution whose property is connected to the town

sewage works.

     The sewer assessments may be determined according to the number of units for

residential dwellings and property valuation for non-residential buildings. The council shall, from

time to time and by ordinance amendment, adopt an assessment charge for real property

(improved and unimproved). Said assessments shall apply to residential and non-residential

properties. The council may, from time to time, redetermine the rates fixed for sewer assessments,

if construction costs warrant, and may redetermine rates for annual charges if costs so warrant.

     The council shall, from time to time and by ordinance amendment, adopt a betterment

assessment which betterment assessment shall apply to residential and non-residential properties

serviced by public sewers which are privately built, on public property and to all properties that

propose a change in use, or an increase in daily flow after the initial assessment date. Properties

that propose a change in use or an increase in daily flow after the initial assessment date are

subject to both initial assessment and betterment assessments.

     The sewer assessments herein referred to shall be paid by every property owner or

institution whose property is abutting on that portion of any highway in which a common sewer is

laid under this act or is connected to the town's sewage works. Sewer assessments levied

hereunder may be paid in as many as twenty (20) annual installments, upon application by the

property owner and approval of the council. In the case of installment payments, interest at a rate

not to exceed eight percent (8%) per annum, shall be charged annually on the unpaid balance of

the total sewer assessment.

     The council shall annually certify to the town treasurer all the annual charges and sewer

assessments made by it under the authority of this act. Each charge or assessment made by said

council pursuant to this act shall be a lien upon the lands, buildings and improvements upon

which it is made in the same way and manner as taxes assessed on real estate, but such liens shall

not expire until the charge or assessment with all interest, costs and penalties thereon is paid in

full, and, if the charge or assessment is not paid as required, it shall be collected in the same

manner that taxes assessed on real estate are by law collected. Such annual charges and sewer

assessments shall be due and payable at the time the regular town taxes are first due and payable

next after the date of receipt by the town treasurer of the aforesaid certificate of said annual

charges and sewer assessments from the council. The town treasurer, after receiving a list of

charges or assessments under this section, shall forthwith, at the expense of the town, send to

each person assessed or charged notice of the amount of his or her assessment or charge. The

notice shall substantially identify the person assessed, state the amount of the assessment or

charge and refer to the remedy available under section 19 of this act. The notice shall be mailed

postpaid and directed to the last known address of the person assessed. If there are persons whose

addresses are unknown, a similar notice covering the assessments against such persons shall be

published in a newspaper of general circulation in the town and such published notice may be a

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single collective notice for all such persons. No irregularity in the notice required by this section

shall excuse the nonpayment of the assessment or charge or affect its validity or any proceedings

for the collection thereof as long as there is substantial compliance with the provisions hereof. No

deficiency in the notice to the person assessed shall excuse the nonpayment by others of the

assessment or charges assessed against them or affect the validity thereof or any proceedings for

the collection thereof. The tax collector shall without further warrant collect such annual charges

and assessments in the same manner and at the same time as the regular taxes of the town are first

payable. Interest at the rate per annum fixed for nonpayment of town taxes shall be charged and

collected upon all overdue charges and assessment from the date they become payable until paid.

     The council may at any time cancel in whole or in part any charge or assessment to the

extent the council determines such charge or assessment to have been improperly imposed.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

IN AMENDMENT OF CHAPTER 330 OF THE PUBLIC LAWS OF 1997 AS AMENDED BY

CHAPTER 140 OF THE PUBLIC LAWS OF 2006, PERTAINING TO SEWERS IN THE

TOWN OF COVENTRY

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     This act would make a number of changes to the law governing sewer charges and

assessments in the town of Coventry.

     This act would take effect upon passage.

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