§ 22-25. Deferred assessments for sewers.

(a)

General. The sewer authority may defer the assessment and the collection of the same as defined below and in accordance with the appropriate sections of the state's General Statutes. In no case shall a deferment be granted without proper justification or cause to be determined by the sewer authority.

(b)

Deferral of assessments for undeveloped lands, etc. Whenever a sewer is laid out and assessed by the city through or adjacent to undeveloped lands the requirements of Section 7-249 of the General Statutes of the State of Connecticut, as amended, shall be utilized in deferring and levying of assessments on said property.

(c)

Deferred assessments for non-profit organizations and public properties. Sewer assessments for nonprofit organizations and public properties shall be deferred. Owners of such property shall apply to the sewer authority within twenty-one (21) days following the public hearing setting assessment for sewer construction. Assessments so deferred shall be assumed by the city and not assumed by the other property owners abutting the sanitary sewer. Record of said deferment and amount of assessment shall be kept at the office of the city clerk and should the owner of said property be changed or should nonprofit or public property be used for other purposes, the assessment will become due and payable without interest charge.

(d)

Deferred assessments for private properties. Sewer assessments for private properties that have existing buildings shall not be deferred except in cases of extreme hardship and shall not be in violation of the Public Health Code. Owners of such property shall apply to the sewer authority within twenty-one (21) days following the public hearing setting assessment for sewer construction. The sewer authority may grant a deferment not to exceed three (3) years with interest accruing at the same rate which the city borrows for sanitary sewer projects. This deferment may be extended through reapplication.

(e)

Connection and assessments in deferred areas. When an assessment for a sewer on any land has been deferred as provided in the foregoing sections, connections from such land to the said sewer shall not be permitted until the sewer authority has determined that the normal benefit has accrued to the land or any part thereof, and has declared that the assessment on such land is due and payable and given proper notice thereof.

(f)

Caveats and liens for deferred assessments. To notify an owner or prospective buyer of land upon which there is an assessment for a sewer laid, but deferred as provided herein before, a caveat on the land record shall be filed within thirty (30) days after the deferment approval by the sewer authority. The public works department shall provide data identifying such land and owners, and the city clerk shall file such caveat.

The benefits, though deferred, shall be a lien upon the land which lien shall commence and attach to such land from the time of approval of the project by the city council. The same shall remain a lien thereon until three (3) months after such time as such benefits the assessment of which was deferred shall be finally assessed but thereafter such caveat shall not remain a lien unless within said three (3) months after the assessment of benefits a certificate signed by the director is filed with the office of the city clerk for recording in the land records. The certificate shall describe the premises, the amount assessed, and the improvement for which it was assessed.

(Ord. of 12-10-84, Art. X, §§ 1—6)