2132                                 MUNICIPAL CHARTERS

79-4. ALL SPECIAL ASSESSMENT CHARGES SHALL BE LEVIED BY
THE MAYOR AND COUNCIL BY ORDINANCE. BEFORE LEVYING
ANY SPECIAL ASSESSMENT CHARGES, THE MAYOR AND COUNCIL
SHALL HOLD A PUBLIC HEARING. THE TOWN ADMINISTRATOR
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 AGENT OR ATTORNEYS, MAY APPEAR
BEFORE THE MAYOR AND COUNCIL AND BE HEARD CONCERNING
THE PROPOSED PROJECT AND 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 TOWN
ADMINISTRATOR SHALL PRESENT AT THE HEARING A
CERTIFICATE OF PUBLICATION AND MAILING OF COPIES OF THE
NOTICE, WHICH CERTIFICATE SHALL BE DEEMED PROOF OF
NOTICE, BUT FAILURE OF ANY OWNER TO RECEIVE THE MAILED
COPY SHALL NOT INVALIDATE THE PROCEEDINGS. THE DATE OF
HEARING SHALL BE SET AT LEAST TEN AND NOT MORE THAN 30
DAYS AFTER THE TOWN ADMINISTRATOR SHALL HAVE
COMPLETED PUBLICATION AND SERVICE OF NOTICE AS PROVIDED
IN THIS SECTION. FOLLOWING THE HEARING THE MAYOR AND
COUNCIL IN ITS DISCRETION, MAY VOTE TO PROCEED WITH THE
PROJECT AND MAY LEVY THE SPECIAL ASSESSMENT.

79-5. ANY INTERESTED PERSON FEELING 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 TEN DAYS AFTER THE
LEVYING OF ANY ASSESSMENT BY THE MAYOR AND COUNCIL.

79-6. SPECIAL ASSESSMENTS MAY BE MADE PAYABLE IN
ANNUAL OR MORE FREQUENT INSTALLMENTS OVER SUCH A
PERIOD OF TIME, NOT TO EXCEED 40 YEARS AND IN SUCH
MANNER AS THE MAYOR AND COUNCIL MAY DETERMINE. THE
MAYOR AND COUNCIL SHALL DETERMINE ON WHAT DATE
INSTALLMENTS SHALL BE DUE AND PAYABLE. INTEREST MAY BE
CHARGED ON INSTALLMENTS AT THE RATE TO BE DETERMINED
BY THE MAYOR AND COUNCIL.

79-7. ALL SPECIAL ASSESSMENT INSTALLMENTS SHALL BE
OVERDUE SIX MONTHS 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.

79-8. ALL SPECIAL ASSESSMENTS SHALL BE BILLED AND
COLLECTED BY THE TOWN ADMINISTRATOR.