Town of Bar Harbor, ME Article X Construction of Public Drain or Common Sewer

[Added 10-21-2008 by Ord. No. 2008-04]

§ 165-52 Statutory authority.

The authority for this Article X is 30-A M.R.S.A. § 3441, which authorizes the Bar Harbor Town Council to accept the applicability of 30-A M.R.S.A. §§ 3441 to 3445, regarding assessments and fees for new sewer construction, to the Town.

§ 165-53 Expense of construction.

A. Estimate and assessment of costs; notice. Once the Town has constructed and completed a public drain or common sewer, the Town Council shall determine what lots or parcels of land are benefited by the drain or sewer and shall estimate and assess upon the lots and parcels of land and against the owner of the land or person in possession, or against whom the taxes on the land are assessed, whether the person to whom the assessment is so made is the owner, tenant, lessee or agent and whether the land is occupied or not, the sum not exceeding the benefit it considers just and equitable towards defraying the expenses of constructing and completing the drain or sewer, together with any necessary sewage disposal units and appurtenances. The whole of the assessments may not exceed 1/2 the cost of the drain or sewer and sewage disposal units, unless 75% or more of the landowners that will be benefited by the expansion petition the Town Council to construct the drain or sewer and sewage disposal unit and agree to pay a higher assessment that must be identified in the petition. The Town, through its employees and assigns, shall maintain and keep the drain or sewer in repair.

(1) Farmland, as defined by 36 M.R.S.A. §1102, Subdivision 4, is exempt from assessment under this subsection when no benefits are derived from the common sewer or drain. The owner of the farmland must notify the Town Council that farmland property may qualify for this exemption. The Town Council shall revise the assessments against qualified farmland to exempt it from assessment. Any revision of assessment provided by this subsection must be in writing and recorded by the Clerk.

(a) When the use of the land is changed from farmland, the owner shall, within 60 days, notify the Town Council, in writing, of the change. The Town Council shall assess this land in an amount equal to the assessment which would have been due but for this subsection. The Town Council shall notify the owner of the assessment due, which the owner shall pay within 60 days of notice or as provided by the Town Council under its authority in § 165-55.

B. Filing of assessments. The Town Council shall adopt an order detailing:

(1) The location of the drain or sewer and sewage disposal unit, with a plan and profile of the same;

(2) A statement of the amount assessed upon each lot or parcel of land assessed under this section; and

(3) The name of the owners of the lots or parcels of land or persons against whom the assessment is made.

C. Notice of assessment. Within 10 days after filing occurs under Subsection B, the Town Clerk shall send the notice specified in this subsection by certified mail, return receipt requested, to each person so assessed at the address listed in the Town’s tax assessment rolls. The notice must contain an authentic copy of the assessment and an order of notice signed by the Town Clerk stating the time and place for a hearing upon the subject matter of the assessments. A return made upon a copy of the notice by any Sheriff in Bar Harbor or the production of the paper containing the notice is conclusive evidence that the notice was given.

D. Hearing; revision of assessments. When the hearing is held, the Town Council may revise, increase or diminish any of these assessments. Any revision, increase or diminution must be approved by a motion of the Town Council and recorded in the minutes by the Town Clerk.

§ 165-54 Arbitration of assessment.

Any person who is dissatisfied with the amount assessed under § 165-53 may, within 10 days after hearing under § 165-53D, make a written request to the Town Clerk to have the assessment upon the lot or parcel of land determined by arbitration.

A. Arbitrators selected. The Town Council shall nominate six persons who are registered voters of the Town of Bar Harbor. The applicant shall select two of those nominated, and these two persons shall select a third person who is a registered voter of the Town of Bar Harbor and who is not one of the six persons nominated by the Town Council.

B. Arbitration procedure. The three persons selected under Subsection A shall fix the amount to be paid by the applicant. Within 30 days from the hearing before the Town Council under § 165-53, the arbitrators shall report their findings to the Town Clerk, who shall record them. The arbitrators’ report is final and binding on all parties.

§ 165-55 Collection of assessments.

All assessments and charges made under this Article X shall be certified by the Town Council and filed with the Tax Collector for collection. A facsimile of the signatures of the Town Council imprinted at its direction upon any certification of an assessment or charge under this chapter has the same validity as their signatures.

A. Installment payments. The Town Council may adopt an order generally authorizing the Assessor and the Tax Collector to assess and collect those assessments and charges over a period of time not exceeding 10 years.

(1) The Assessor and Collector may exercise this authority only when the person assessed has agreed to installment payments in writing and notice of that fact has been recorded by the Town Clerk in the appropriate Registry of Deeds.

(2) The Town Council shall annually file with the Tax Collector a list of installment payments due the Town, which must be collected with interest at a rate determined by the Town Council. If, within 30 days after written notice of the total amount of the assessments and charges, or annual installment payment and interest, the person assessed fails, neglects or refuses to pay the Town the expense incurred, the Assessor may assess a special tax, equal to the amount of the total unpaid assessment and charges, upon each lot or parcel of land so assessed and buildings upon the lot or parcel of land. This assessment must be included in the next annual warrant to the Tax Collector for collection and must be collected in the same manner as county and municipal taxes are collected.

(a) Interest at the same rate used for delinquent property taxes as established by 36 M.R.S.A. §505, Subdivision 4, on the unpaid portion of assessments and charges due the Town of Bar Harbor accrues from the 30th day after written notice to the person assessed and must be added to and becomes part of the special tax when committed to the Tax Collector.

B. Action to recover unpaid assessments. If assessments under this section are not paid and the Town does not proceed to collect the assessments by a sale of the lots or parcels of land upon which the assessments are made or does not collect or is in any manner delayed or defeated in collecting the assessments by a sale of the real estate so assessed, then the Town may maintain a civil action in its name against the party so assessed for the amount of the assessment in any court competent to try the action. In this action, the Town may recover the amount of the assessment with 12% interest on the assessment from the date of the assessment and costs.

§ 165-56 Lien for payment on lot and building; enforcement.

When any assessment made under § 165-53 is paid by any person against whom the assessment has been made, who is not the owner of the lot or parcel of land, then the person paying the assessment has a lien upon the lot or parcel of land with the buildings on the land for the amount of the assessment paid by that person, and incidental charges. The lien may be enforced in a civil action and by attachment in the way and manner provided for the enforcement of liens upon buildings and lots under Title 10 of the Maine Revised Statutes Annotated. The lien shall continue one year after the assessment is paid.