Whenever the Council shall order the construction of any public sewer in said City, the owners of the property abutting upon any street in which such sewer shall be constructed shall be charged with and liable for sewerage assessments as follows: When said sewer is completed the Engineer of said City shal1 report to the Council in writing, the total cost of such sewer, and a description of the lots and lands as to location, frontage, depth and ownership liable for such sewer assessment, so far as the same may be ascertained, together with the amount chargeable against each lot and owner, calculated in the following manner: The total cost of constructing and laying the sewer shall be borne by the owners of the land abutting upon the streets, alleys, rights of way or easements or portions thereof, in which the sewer is laid, according to the following plan: Payment is to be made by each land owner on either side of such portion of a street, alley, right of way or easement in which such sewer is laid, in such proportions as such frontage of his land upon said street, alley, right of way or easement bears to the total frontage of all lands so abutting on such streets, alleys, rights of way or easements in which said sewer is laid; provided, that the charge laid against any owner or property shall not exceed two dollars per linear foot of frontage on each side of the portion of such street, alley, right of way or easement in which any such sewer is laid. In case of a corner lot, frontage is to be measured along the longest dimension thereof abutting on such street, alley, right of way or easement in which such sewer is laid. Any lot having a depth of two hundred feet or more and fronting on two streets, alleys, rights of way or easements, one in the front and one in the rear of said lot shall be assessed on both of said streets, alleys, rights of way or easements, if a sewer is constructed in both such streets, alleys, rights of way or easements. Where a corner lot has been assessed on the end it shall not be assessed on the side, and where it has been assessed on the side, it shall not be assessed on the end. Thereupon said Council shall give like notice by publication as is required in case of street paving assessments, and the same rights shall exist as to the persons and property affected and the same duty as to corrections by said Council as are prescribed with reference to paving, which report shall in like manner be examined by the Council, and if found to be correct, or corrected as aforesaid, and such estimated assessments to be a fair and equitable apportionment of the cost of such sewer upon the basis hereinbefore described, it shall enter an order upon the records, setting forth such location, depth, ownership and said amount of such sewer assessments, against each respectively, calculated as aforesaid, and the entry of such order shall constitute and be an assessment for such proportion and amount so fixed therein against such respective owners and lots, and if after such advertisements, notice and hearings, said Council shall find that such apportionment at such rate is unjust or inequitable, and contrary to the intent of this Charter, it shall ascertain, fix and assess the cost thereof among and upon the abutting owners respectively, justly and equitably and according to the intent hereof, and in like manner, assess and enter the amount so fixed respectively upon its records, and the Council shall, in either event, thereupon certify the same to the Treasurer for collection, and certify a copy of such order to the clerk of the county court of Kanawha County, who shall record the same in the proper trust deed book, and index the same in the name of each owner of any such lot so charged with such assessment, and such assessment so made shall constitute and be a lien upon said lots respectively, which shall have priority over all other liens, except those for taxes due the State, and shall be on a parity with other taxes and assessments due the City, or other person for that improvement. Said amounts so assessed against the said several land owners shall be paid by the parties liable therefor to the said Treasurer at all times, in the manner and with the attendant penalties for failure to pay promptly at the time prescribed in all respects as hereinbefore provided in the case of assessments for paving streets and alleys in a permanent manner, and the parties liable therefor shall, in the same manner, and to the same extent, have the right and be entitled to anticipate any or all of such installments thereon as in such case provided. The owners of, or tenants, occupants, or agents in control of any lot abutting on or near or adjacent to any street, avenue, alley, right of way or easement in said City, in which a public sewer is or may hereafter be laid and constructed, upon which lot any business or residence building is or may hereafter be erected, or upon which any water stands connected with a public sewer, may be required and compelled to connect any such building or lot with such sewer. Notice to so connect may be given to the owner, lessee, or occupant of such building. Each day's failure to comply with such notice and connect with such sewer by such owner or owners, ten days after such notice is given, shall be a misdemeanor and a separate and new offense under this section, and every such offense shall be punishable by fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00). The expense incurred by any tenant, occupant, or agent in complying with the order of said Council to make such sewer connection may be deducted out of the accruing rents as provided for in section forty-seven relating to the abatement of nuisances. Jurisdiction to hear, try, determine and sentence for violation of this section is vested in the Police Court of such City.
The liens herein and hereinbefore provided for street paving, macadamizing and sewerage assessments and assessments for other improvements shall constitute liens upon the real estate upon which they are assessed as against creditors of the owners thereof, or purchasers for value, and without actual notice of such liens, only from and after the date that the contract is made for such work and shall have priority over all liens placed on said real estate after said contract is made by the City for said work.
In the paving, curbing, macadamizing or otherwise improving streets and alleys and providing for the assessment of the cost thereof under section sixty-one or section eighty-eight of the Charter of the City of Dunbar there may be included in any such assessment the cost of constructing the necessary drains for the disposal of surface water.