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Town of Stratford, CT
Fairfield County
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Table of Contents
Table of Contents
[Adopted as Secs. 24-1 through 24-9 of the 1963 Code]
No street or highway, whether the same is an accepted or unaccepted street or highway, not meeting Town specifications as required by §§ 186-10 through 186-15 shall be constructed by the Town, except in the manner provided in this article.
The Town Council may, upon its own motion, and shall, upon the written petition of the property owners owning at least 51% of the aggregate footage of the property abutting upon any street or highway in the classifications described in § 186-1 proposing or requesting that any such street or highway be opened, graded, constructed and improved, order a public hearing to be held, by its Ordinance Committee, thereon within a reasonable time and shall give notice of such hearing in the manner provided in § 186-3.
A notice of any hearing ordered as set out in § 186-2, signed by the Town Clerk, and describing in general terms the action or work to be undertaken and the time and place when all parties interested may appear and be heard in relation thereto shall be mailed at least five days prior to the day of the hearing to the last known address of all parties whose property abuts upon the proposed street or highway and whose interest will thereby be affected. The Town Clerk shall likewise cause to be published such notice twice, the last time at least five days before the date of the hearing, in a newspaper having a circulation in the Town.
[Amended 7-13-1981; 4-13-1987]
If, after any hearing held pursuant to the provisions of § 186-3, the Town Council shall determine that such street or highway should be opened, graded, constructed and improved, it may order such action or work to be done by Town employees or others and shall have the power to enter into a contract or contracts for the labor and materials necessary to accomplish such action or work and shall have the power to assess the cost of such action of work in such proportions as it may determine wholly or partially upon the Town, which shall be paid out of the treasury as provided in Section 54 of the Charter, or wholly or partially upon the property owners benefited by such action or work, or both. Such assessment levied against each abutting owner shall in no case exceed $200 per linear foot of street or highway constructed or the actual cost thereof, whichever of such amounts shall be the lesser amount for the construction costs for such street or highway.
Within 90 days after the completion of such action or work, the Town Council shall determine the amount of such assessment and shall direct its Ordinance Committee to hold a public hearing upon such assessment, notice of which shall be given in the same manner as provided for in § 186-3. All assessments shall be payable 60 days from the date of billing, and billing shall be made by the Tax Collector within 30 days of the final adoption of such assessments by the Town Council.
At the option of any person assessed, the amount or balance of any assessment may be paid in five or fewer equal annual installments commencing with the due date of the assessment as payment of the first installment When the payment of each installment is made, interest on the unpaid balance must also be paid. Interest shall be at a rate to be set in the Assessment Ordinance, not to exceed 1% per year above the rate of interest paid on the most recent issue of bonds issued to supply capital for street improvement fund.
The option of installment payment shall be irrevocably indicated by execution of a signed statement prepared by the Tax Collector and received by him by the due date of the assessment, together with payment of the first installment.
If, by any yearly anniversary of the assessment due date, the full amount of the annual installment then due, with all interest to such date, is not paid, the entire balance shall then be due and payable forthwith at an interest rate of 6% on the unpaid balance.
All assessments made under the provisions of this article shall be a lien upon the property specially benefited thereby, and a lien to secure the amount of such assessment shall be filed with the Town Clerk within 60 days of the due date of such assessment and shall take precedence over all other liens and encumbrances upon the property upon which it shall have been imposed, except taxes, and may be foreclosed in favor of the Town in the same manner as tax liens are foreclosed.