1/20/2011 SEWER COMMISSION Minutes

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-4- Exceptions: The lien will continue: (1) even if there is a recorded alienation, if a suit is brought to challenge the validity of the assessment, for a year after the validity is finally determined; (2) if a sale or taking cannot be made because of federal or state law or proceeding and the collector files a statement at the Registry of Deeds to continue the lien, until payment or abatement; and (3) if time for payment is extended and the collector files a statement at the Registry of Deeds, until payment or abatement. C. Dissolves: The lien dissolves upon recording in the Registry of Deeds a certificate from the collector that the assessment, interests, costs have been paid or abated. A charge of$4 is imposed for each certificate the collector issues to be paid over to the general fiend. C. Assessing Costs Once the project is completed, the Assessing Board determines the actual benefits to and assesses the cost of the project among the properties. In some cases, the methods to be used to determine the benefits and allocate the costs are prescribed by statute. If not,the Assessing Board may adopt any method that is reasonably calculated to determine the benefits received so long as it does not result in the assessments being substantially in excess of or disproportionate to those benefits. For example, a fi•ontage, area and/or valuation formula may be appropriate methods for apportioning the cost of various improvements. In addition, it may be permissible to classify properties for assessment purposes into those receiving direct or remote benefits. 1. Betterments: Assessments must be made within six months of project completion. G.L. Ch. 80 §1. No method is prescribed by statute. The amount assessed cannot exceed the estimate recorded. G.L. Ch. 80 §2. 2. Water Assessments: Assessments should be made within a reasonable time after project completion. A city, town or district may adopt by ordinance,by-law or vote one or more of the following statutory methods: frontage, area within fixed depth of way, assessed valuation, or uniform unit (number of existing and potential water units based on existing zoning). G.L. Ch. 40 §§42H and 42K. 3. Sewer Assessments: Assessments should be made within a reasonable time after project completion. A city or town may adopt one of the following statutory methods: fixed uniform rate (frontage, area within fixed depth of way or both frontage and area) or uniform unit (number of existing and potential residential equivalent sewer units based on existing zoning). G.L. Ch. 83 §15. 4. Sidewalk Assessments: Assessments should be made within a reasonable time after project completion. No method is prescribed by statute.