§ 20-2-107. PROCEDURE UPON FAILURE OF OWNER TO COMPLY WITH NOTICE; ASSESSMENT OF COSTS WHEN COUNTY PERFORMS WORK.

Should any owner of any such property refuse, neglect, or fail to comply with any of the terms or requirements of the notice provided for in this title within the time therein stated, then upon the expiration of the time limited in such notice, if no application has been made for an extension, or upon the expiration of the extended time, if an extension has been granted, the Director of Public Works is hereby empowered and directed to make the necessary connection and do the other work required by the notice to be done in and upon such property and to perform all the work required of the owner of such property and supply all the materials needed therefor and keep an accurate account of the cost of such materials and work upon each of such properties separately and, upon the completion of the work, state in writing as to each property separately that the connections have been made and the work done and the cost of the labor and materials required in doing the same, with a description of the property so that the same may be identified, and thereupon shall notify the owner of such property, by notice similar to that required when an assessment of property is to be raised, of the amount of the total expense so incurred and, in such notice, appoint a day for such owner to appear before the Director of Public Works and show cause if any exists why the total expense should not be charged against the property and added to the tax bills thereon as directed. If such party shall fail to appear within the time limited or fail to show any just reason why such charge should not be made, the Director of Budget and Finance shall cause such charge to be entered in a book to be provided for that purpose and kept in the Office of Budget and Finance; such entry shall show the amount of the expense for making the sewer or water connection and the date when such expense was incurred and shall contain the further statement that one-fifth of such total expense shall be added to the tax bills on such property for each of the next succeeding five (5) years, with interest on each one-fifth thereof from the date when such expense was incurred, and thereupon, it shall be the duty of the Director of Budget and Finance, in preparing the tax bills for each of the five (5) succeeding years, to add the amount of one-fifth of the whole charge, with interest from the date when such expense was incurred, to the tax bill upon such property. The one-fifth of such expense so added and interest thereon shall be a lien on the property to the same extent and be collectible in the same manner as the county taxes thereon. Any person thus charged with the expense of such connection as provided in this section shall have a right of appeal therefrom to the circuit court for the county.

(1988 Code, § 35-183) (Bill No. 126, § 2, 9-28-1990; Bill No. 49-1996, § 21, 7-1-1996; Bill No. 30-03, § 1, 7-1-2004)