§ 20-3-218. ASSESSMENT WHEN EXTENSION NOT FINANCIALLY SELF-SUPPORTING; DEFICIT CHARGES; DEFERRAL OF CHARGES.

(a)

When the ownership of at least fifty-one (51) percent of the parcels, which ownership also represents at least sixty (60) percent of the assessable frontage of property binding on any highway or easement, whether publicly or privately owned or maintained, shall desire an extension of a water or sewer pipe or when for health reasons an extension of a water or sewer pipe is made necessary in the judgment of the Chief Sanitary Engineer but the extension so desired or is required will not be financially self-supporting unless a deficit deposit is made with the county, then the amount of the deficit shall be determined by the Chief Sanitary Engineer, and to each of the owners of the assessable frontage properties aforementioned will be charged the proportion of the deficit represented by the number of assessable feet frontage of such owner as compared with the total assessable frontage of all properties benefitted by the extension. Such charges shall be added to the assessable accounts of such owners and they shall be known as "deficit charges" and shall constitute a lien upon the properties chargeable with the same until paid and shall be collected by the Director of Budget and Finance in the same manner and at the same time as state and county taxes are collected. The Director of Budget and Finance is empowered to add one-fortieth of such deficit charge to the tax bills on such property for each of the next succeeding 40 years, with interest on each one-fortieth thereof from the date when such charge was levied; and thereupon it shall be the duty of the Director of Budget and Finance to add the amount of one-fortieth of the whole deficit charge, with interest at the rate of 5% per annum from the date when the whole deficit charge was levied, to the tax bill upon such property. Any property owner shall have the right to accelerate the payment of the 40 installments aforesaid, without penalty or discount, at any time, to avoid the interest.

(b)

If the petitioners are unable to meet either the parcel ownership or assessable frontage requirements of subsection (a) of this section, a request for extension may be filed (1) only if the extension will be financially self-supporting, or (2) if the petitioners agree to the payment of any deficit charges determined by the county.

(c)

Notwithstanding the requirements of this section, the Director of Budget and Finance, by regulation, may defer the payment of the charges levied under subsection (a) of this section until a homeowner dies, sells, or otherwise alienates the dwelling which is subject to the deferral. Interest shall be calculated annually and added to the unpaid balance. The deferred charges and the interest shall constitute a lien on the property, and the deferral shall terminate in accordance with the provisions of § 20-3-212 of this subtitle.

(d)

The provisions of subsections (b) and (c) of this section do not apply to a petition filed by more than six (6) owners.

(1988 Code, § 35-229) (Bill No. 49-96, § 21, 7-1-1996; Bill No. 53-02, § 1, 6-21-2002; Bill No. 30-03, § 1, 7-1-2004)