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Session Laws, 1966
Volume 678, Page 329   View pdf image (33K)
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J. MILLARD TAWES, Governor                       329

mission of such system, the commission may, in its discretion, levy
a front-foot assessment less than the uniform front-foot assessment
levied in the remainder of the sanitary district in which said system
is located. The amount of the charge per front-foot for each class
of property for both water mains and sewers may be reduced from
time to time by the commission in its discretion, if costs and con-
ditions are deemed by it to justify such reduction. Said benefit charge
shall be paid annually by all properties located as above specified,
for a period of years coextensive with the period of maturity of the
bonds out of the proceeds of which such construction was done.

(d)  The commission shall at any time permit a connection with
a water main or sewer by the property owner whose property does
not abut on said water main or sewer and who has not previously
thereto paid a benefit charge for the construction of said water main
or sewer, provided, said commission shall classify said property and
determine a front-foot charge to be paid by said property owner as
though his or her property abutted upon said water main or sewer;
and in the event of such connection being made, said property owner
and said property as to all charges, rates and benefits shall stand in
every respect in the same position as if the said property abutted
upon a water main or sewer. Said benefit charge shall be payable at
the office of the commission immediately upon being levied, and
shall be overdue and in default after sixty (60) days from that date
of levy, at which time the commission may proceed to enforce pay-
ment thereof; and the said benefit charge and any judgment or de-
cree obtained as a result of default in payment shall bear interest
at the rate of one half of one per centum (½%) per month from
and after the time said benefit assessment or other charges are in
default.

(e)  The annual benefit assessment or other charges as above
specified shall be a first lien upon the property against which they
are assessed until paid, any statute of limitations to the contrary
notwithstanding, subject only to prior State and/or municipal taxes;
and if any property be sold for State and/or municipal taxes or both
and if after sale there is a surplus after all costs and expenses in-
cident to such sale shall have been paid, then the said commission
upon proper petition to the circuit court for said county shall be
allowed any balance from said surplus, and shall be a preferred
lienor to the extent of its lien; and for the purpose of giving notice
to the general public as to existing liens and charges against any
property within any sanitary district abutting upon any water or
sewer main, the said commission shall keep a public record of all
names of owners of property, locations of said property, lot num-
bers when of record, and the amount of such benefit charges, water
service charges or such other charges that may become liens from
time to time. Said records shall be kept in the county seat of govern-
ment and among the land records of the county or counties, in which
said sanitary district lies, and the clerk of the circuit court for said
county or counties shall furnish such space as may be necessary to
keep and preserve such records, which, When recorded in said public
record, shall be legal notice of all existing liens within any sanitary
district.

(f)  If any liens, benefit assessments or other charges remain un-
paid for sixty (60) days after becoming due, they may be collected
by an action of assumpsit or by a bill in equity to enforce such liens,

 

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Session Laws, 1966
Volume 678, Page 329   View pdf image (33K)   << PREVIOUS  NEXT >>


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