2018 -- S 2020

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LC003109

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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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, and Kettle

     Date Introduced: January 11, 2018

     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 Chapters

119 and 140 of the Public Laws of 2006, and as further amended by Chapters 262 and 277 of the

Public Laws of 2015 (collectively the "Act"), is hereby further amended to read as follows:

     Sec. 9. (a) 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 that is

connected to a common sewer.

     Sewer assessments shall be levied 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. Provided, a

sewer assessment shall not begin to be assessed or accrue or be levied against real property prior

to the time of actual connection to the town's sewage works.

     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 that 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. Provided, an abutting owner or occupant of land upon any street in

which there is a sewer shall not be required to connect to the town's sewage works, except as

provided for in subsection 9(b) of this section and section 17 of the act.

     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

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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 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.

     (b) Mandatory connection to sewer because of sale or transfer. -- After December 31,

2017, any abutting owner or occupant of land upon any street in which there is a sewer must

connect the such premises with the town's sewer works and fill up and destroy any cesspool,

privy vault, drain or other arrangement on such land for the reception of sewage, excluding any

Rhode Island department of environmental management ISDS approved system, prior to the one

year anniversary of any sale or transfer in ownership after December 31, 2017. If such abutting

owner or occupant of land who is required to connect to the town sewage works fails to do so in

prescribed time period, then such abutting owner or occupant of land shall be required to pay

usage fees as if such abutting owner or occupant of land were connected to the sewage system.

     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

***

     This act would provide that in the town of Coventry, an abutting owner or occupant of

land upon any street in which there is a sewer would not be required to connect to the town

sewage works, except in certain circumstances involving a sale or transfer of the property, or

when the town council orders the sewer connection be made, in the interest of public health. The

act would also provide that a sewer assessment would not begin to be assessed or accrue or be

levied against real property prior to the time of actual connection to the town sewage works.

     This act would take effect upon passage.

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