§ 35. Sewers, sewer connections.

(a)

The city council shall have power to maintain and extend, from time to time, as shall be necessary, the sewer system owned by said city as a sewer system and to lay out and construct drains and common sewers or a system of sewerage which shall be established in said city; and to construct the outlet or outlets of any such system, or the sewer beds or disposal plants into which the sewers may discharge within the city, and, for that purpose, to take any land, easement in land or water rights that may be necessary to put into successful operation such system as may be adopted by said city council.

(b)

The city council shall also have power to adopt suitable regulations for the making of connections with and for the use of sewers and may provide for the enforcement of such regulations. It shall have power to order the owner or owners of any building on any street where a sewer has been laid or acquired by the city, to make connections with such sewer, but at least five days' notice shall be given to any such owner of a hearing on a proposal to pass any such order, which notice shall state the time when and place where a hearing thereon shall be held.

(c)

Any owner who shall refuse to comply with such order within thirty days, shall forfeit to the city ten dollars for each week of such neglect or refusal, recoverable by the city by civil action, or such owner or owners may be fined not more than one hundred dollars or imprisoned not more than thirty days or both. Each week of such neglect or refusal shall be a separate offense.

(d)

When the city council shall cause to be laid out, constructed or extended any drain or common sewer or sewerage system, it may adjust and liquidate the expense thereof, and apportion and assess the same, or such part thereof as it may deem reasonable, upon the lands or building benefited thereby, or upon any person or corporation owning or interested in such land or building. Notice shall be given of the time and place of hearing upon any such question or any such appraisal, and such owner or any person interested shall be heard, if such owner or interested person so desires, before action shall be taken. In assessing benefits under the provisions of this section, such benefits shall not be limited to property abutting such improvement, but benefits may be assessed upon any person or corporation whose property is benefited by the construction of such sewer or drain, or a portion of the expense of such improvement may be paid from the city treasury, according to the discretion of the city council. Two weeks before the time of payment, the city clerk shall give notice to each such person or corporation of the amount so assessed. An appeal from any such assessment or appraisal may be taken by any person interested, in the manner provided in section thirty-seven. When a trunk line sewer shall be laid, properties benefited by it, which, at the time of the laying thereof are not directly served by connecting sewers, may, at the discretion of the city council, be subject to terms of deferred payment of principal or interest until directly served by connecting sewers.

(e)

Said city council may, at the time, make such alterations and repairs in any drain or common sewer as it may deem proper, and apportion and assess the same upon individuals in the manner prescribed in this section in the case of laying out and constructing drains and common sewers.

(f)

Any assessment for the construction of sewers of alteration or repair thereof, shall be a lien upon the land and building against which the same shall be laid as herein authorized in favor of the city, and shall continue to be a lien from the date when such work was ordered by the city council and shall take precedence of all other liens or incumbrances upon the property whereon the same is placed except taxes due the city or any taxing district or the state, provided such lien shall not continue for a longer period than sixty days after the due date of said assessment or of any installment if payable in installments unless a certificate of such lien shall be lodged with the town clerk for record. The amount of such assessment secured by such lien may be collected and such lien may be foreclosed in the same manner as is provided herein for the collection of assessments and foreclosure of liens for street and other improvements.

(g)

The city council may, in assessing special benefits to property for the construction of sewers and the board of water commissioners may, in assessing such benefits for the laying of water mains, in lieu of assessing against the benefited property the actual cost or a proportion thereof of the water main or sewer which serves that particular piece of property, establish a front foot assessment of benefits to property which is benefited by an extension of water mains or sewers, which front foot assessment shall be uniform throughout the city, or throughout a particular part of the city, or as between properties benefited by a particular extension, as the city council or board of water commissioners may deem equitable in each case.

(Amend. eff. 12-8-11)

Legislative history— Sp. No. 352, § 27, 1911; Sp. No. 434, §§ 65—69, 1931; Sp. No. 489, § 38, 1939; Sp. No. 456, § 2, 1941; Sp. No. 52, 1947.