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Middletown Overview
Middletown, RI Code of Ordinances
TOWN OF MIDDLETOWN, RHODE ISLAND CODE OF ORDINANCES
THE CHARTER AND RELATED LAWS
DIVISION 1. THE CHARTER
DIVISION 2. RELATED LAWS
Article I. Public Laws 1969, Chapter 52, Validation of Certain Provisions of Home Rule Charter.
Article II. Public Laws 1969, Chapter 110, Aquidneck Island, Regional Disposal Authority.
Article III. Public Laws 1959, Chapter 72, Building Inspections, Demolitions and Repairs.
Article IV. Public Laws 1918, Chapter 1692, as Amended, Elections.
Article V. Public Laws 1958, Chapter 5, Fiscal Year.
Article VI. Public Laws 1962, Chapter 74, Pension Plan Authorized.
Article VII. Public Laws 1958, Chapter 138, as Amended, Sanitary Sewers.
Sec. 1. Town authorized to construct, maintain and operate sewerage works; what included; eminent domain.
Sec. 2. Authority of council as to construction, operation, maintenance and repair of sewerage works.
Sec. 3. Authority to issue bonds.
Sec. 4. Execution and sale of bonds; interest; premiums; proceeds.
Sec. 5. Authority to issue temporary notes.
Sec. 6. Bonds and notes as valid obligation of town; exception from General Laws § 45-12-2; amortization of bonds.
Sec. 7. Bonds and notes not affected by change in town officers.
Sec. 8. Issuance of bonds or notes requires prior approval of electors present at financial town meeting.
Sec. 9. Imposition, collection and enforcement of charges for use of sewers.
Sec. 10. Costs of construction of sewerage works and laterals; annual assessments; liens created.
Sec. 11. Annual charges may fluctuate; special assessments to meet deficiency in revenue.
Sec. 11A. Procedures relating to collection, correction and cancellation of charges and assessments.
Sec. 12. Apportionment of assessments among joint tenants, and tenants in common.
Sec. 13. Adjustment of inequitable charges.
Sec. 14. Exemptions for religious societies and cemeteries.
Sec. 15. Acquisition of property necessary for sewage purposes.
Sec. 16. Contracts with federal and municipal governments.
Sec. 17. Ordinances, etc., relative to use of sewer system and penalties for violation thereof.
Sec. 18. Plats of common sewers to be filed with town clerk as public records.
Sec. 19. Acceptance by town of federal and state funds.
Sec. 20. Severability clause.
Sec. 21. Article not to affect any other power of town.
Sec. 22. Validation of prior actions taken and bonds and notes previously issued.
Sec. 23. Referendum.
Sec. 24. Effective date.
Article VIII. Public Laws 1979, Chapter 335, Taxation.
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TITLE XVII: TOWN POLICIES
APPENDIX A: SUBDIVISION REGULATIONS
PARALLEL REFERENCES
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Sec. 8. Issuance of bonds or notes requires prior approval of electors present at financial town meeting.
   Notwithstanding the foregoing provisions of this chapter [this article] no bonds or notes shall be issued hereunder in excess of amounts approved from time to time by vote of a majority of the electors present, entitled to vote and voting on the question at an annual or special financial town meeting. Upon such vote of approval of an amount of bonds, unless the issuance of temporary notes shall be specifically prohibited by the terms of said vote, temporary notes shall be issuable under section 5 hereof to the same amount. Pending the issue of bonds so authorized or of the notes, general funds of the town may be used for the purposes of the bonds to the extent of the amount of bonds so voted. The general funds shall be replenished without interest within one (1) year after such use from the proceeds of the bonds or notes. (P.L. 1958, ch. 138, § 1.)
Sec. 9. Imposition, collection and enforcement of charges for use of sewers.
   (a)   Fees, charges and assessments generally. The town council shall prescribe annual just and equitable charges to be charged all users of the sewerage system, all owners of land abutting upon that portion of any street or highway or right of way in which sewers have been constructed under the provisions of this chapter [this article], all owners of land abutting upon that portion of any public street, highway or right of way in which sewers have been constructed otherwise than under this chapter, and all users of such other sewers. The charges to owners of such abutting land as do not use the sewers shall be less than those charged to users of the sewers and shall be at a uniform rate for each front footage of land abutting on such street or highway or right of way; provided, however, that a minimum rate may be established for any lot of land having a front footage of less than fifty (50) feet, which rate may be equal to that charged for a lot with a front footage of fifty (50) feet; and, provided, further, that a higher rate per front footage may be charged for a lot of land upon which a dwelling house is located than for an unimproved lot of land. Such annual charges shall be sufficient at all times to pay the cost of and are hereby appropriated to the operation, maintenance and repair of the sewerage works, including sewers constructed in public streets, highways or rights of way otherwise than under this chapter, but not including debt service.
   (b)   Charges on first and second sewer districts. In addition to the foregoing the annual charges with respect to lands in the first and second sewer districts subject to annual charges under this chapter [this article] as in effect prior to its amendment inserting this section shall include sums of money for debt service determined as hereinafter provided. The additional annual charges for debt service in the first and second sewer districts respectively shall be sufficient to pay and are hereby appropriated to pay the interest on and principal of those bonds or portions of bonds outstanding under this chapter [this article] at the time of its amendment inserting this section and representing the cost of lateral sewers in those districts respectively or the cost of other sewers in those districts respectively to the extent of the cost thereof which would have been incurred if they had been laid as lateral sewers, all as determined by the town council in accordance with and subject to the provisions of section 10 of this chapter [this article].
   (c)   Certificate of charges; charges as lien on real estate. The town council shall annually on or before the first day of July certify to the town treasurer all the annual charges made by it under the authority of this chapter [this article] for the fiscal year than commencing. Each charge made by the town council pursuant to this section shall be a lien upon the lands, buildings and improvements upon which it is made in the same way and manner as taxes assessed on real estate, but such lien shall not expire until the charge with all interest, costs and penalties thereon is paid in full, and, if the charge is not paid as required, it shall be collected in the same manner that taxes assessed on real estate are by law collected.
   (d)   Time and method of payment. Such annual charges shall be due and payable at the time the regular town taxes are first due and payable next after the date of receipt by the town treasurer of the aforesaid certificate of said annual charges from the town council and the town treasurer shall forthwith certify said charges to the tax collector for collection and said tax collector shall proceed to collect such charges in the same manner and at the same time the regular taxes of the town are first payable, with provision for installments as in the case of the regular taxes. Interest at the rate per annum fixed for nonpayment of town taxes shall be charged and collected upon all overdue charges from the date they become payable until paid.
   (e)   Apportionment after annual certification. If any person becomes a user after such annual certification, the town council may certify to the town treasurer a just and equitable charge under this section with respect to such person based upon the portion of the fiscal year remaining after the beginning of such use. A person becoming a user with respect to land as to which such person was not previously a user shall be deemed a new user for the purposes of this paragraph. The town treasurer shall certify the charge to the tax collector for collection and the charge shall be payable when the next installment of regular town taxes is payable but may be paid in equal installments on the remaining installment payment dates for the regular town taxes for the year in question. In all other respects the charge under this paragraph shall be subject to the other provisions of this section.
   (f)   Use of general funds pending receipt of charges. Pending the receipt of charges under this section, general funds of the town may be used for the purposes for which the charges are appropriated. The general funds shall be replenished from such receipts without interest within the fiscal year in which such use occurs.
   (g)   Owner regarded as user. Where an occupant of land uses the sewerage system, the owner of the land shall be regarded as the user for the purposes of this section. (P.L. 1958, ch. 138, § 1; P.L. 1960, ch. 205, § 2.)
   Editor's note. The amendment inserting this section was enacted by P.L. 1958, ch. 138, § 1, approved May 23, 1958, which became effective as stated in the editor's note under the heading of this article.
Sec. 10. Costs of construction of sewerage works and laterals; annual assessments; liens created.
   (a)   Generally. The cost of construction of the sewerage works and the debt service on obligations issued therefor shall be met from the general funds of the town, except as provided in this section and in the preceding section. The cost of construction of each lateral sewer installed after the effective date of the amendment of this chapter [this article] inserting this section shall be assessed upon all owners of land abutting upon that portion of any street or highway or right of way in which such lateral sewer is constructed. Such assessment shall be at a uniform rate for each front footage of land abutting on such street, highway or right of way; provided, however, that a minimum rate may be established for any lot of land having a front footage of less than fifty (50) feet, which rate may be equal to that charged for a lot with a front footage of fifty (50) feet; and provided, further, that a higher rate per front footage may be charged for a lot of land upon which a dwelling house is located than for an unimproved lot of land. It is hereby determined that assessments made under this section will not exceed the benefits to the abutting owners. Lateral sewers shall include all sewers which are not designed to receive the sewerage from any other common sewers. The cost of construction of all sewers installed after the effective date of the amendment of this chapter [this article] inserting this section which are not lateral sewers shall also be assessed in the same manner as lateral sewers but only to the extent of the cost thereof which would have been incurred if they had been laid as lateral sewers. The town council shall determine, consistently with generally accepted engineering practice, what is a lateral sewer as defined above and the cost thereof and the partial cost of other sewers to be assessed or charged and its determined shall be conclusive. As to any sewer, the town council may provide that the assessments may be paid in equal annual installments for a period not exceeding twenty (2O) years with interest thereon at a rate determined by the town council not exceeding six (6%) percent per annum payable at the time each installment becomes due. Any landowner shall have the privilege, however, of prepaying unpaid installments with interest to the time of prepayment.
   (b)   Rate of assessment. The town council shall from time to time establish the rate of assessment for each front footage of abutting land based upon the actual cost of construction.
   (c)   Annual assessments; lien on real estate. The town council shall annually on or before the 1st day of July certify to the town treasurer all the assessments made by it under the authority of this section 10. Each assessment made by the town council pursuant to this section shall be a lien upon the lands, buildings and improvements upon which it is made in the same way and a manner as taxes are assessed on real estate, but such lien shall not expire until the assessment with all interest, costs and penalties thereon is paid in full, and if the assessment is not paid as required, it shall be collected in the same manner that taxes assessed on real estate are by law collected. Such assessments shall be due and payable at the time the regular town taxes are first due and payable next after the date of receipt by the town treasurer of the aforesaid certificate of assessments from the town council, except that installment payments shall be due beginning at such time, and the town treasurer shall forthwith certify said assessments to the tax collector for collection and said tax collector shall proceed to collect such assessments in the same manner and at the same time the regular taxes of the town are first payable, with provision for installments only as provided in this section. Interest at the rate per annum fixed for nonpayment of town taxes shall be charged and collected upon all overdue assessments and installments of principal of and of interest on assessments from the date they become payable until paid. (P.L. 1958, ch. 138, § 1; P.L. 1960, ch. 205, § 3; P.L. 1967, ch. 110, § 1.)
   Editor's note. The amendment inserting this section was enacted by P.L. 1958, ch. 138, § 1, approved May 23, 1958, which became effective as stated in editor's note under the heading of this article.
   For a case holding that the expenditures for the installation of house sewer connections were assessable to the owners of the abutting property as part of the construction costs of the lateral sewers, see Garcia v. Falkenholm, 97 R.I. 117, 198 A. 2d 660 (1964).
   For a case construing this sentence and holding that assessment voted by the town council of $5.25 and $6.00 per front footage as the base rates respectively for all land abutting upon Forest Avenue and Valley Road, and assessing a charge of $7.00 per front foot for not in excess of 75 feet of the frontage of land upon which a dwelling house as located, there was accomplished pursuant to this section a proper apportionment of the costs of the improvements between improved and unimproved property, see Garcia v. Falkenholm, 97 R.I. 117, 198 A. 2d 660 (1964).
   For a case wherein assessments were voted by the town council for improvements already constructed and abutting property owners alleged that the assessments exceed the costs of construction, and the case was fully tried in the superior court except as to a precise fixing of the assessments over construction costs and the aliquot shares of the abutting owners, the supreme court allowed the parties to appear before it to show cause why the case should not be remitted to the superior court with direction to determine the aggregate by which assessments exceed construction costs. See Garcia v. Falkenholm, supra.
   For a case holding that, under the provisions of this section, the determination of what constitutes a "lateral sewer" is left to the town council, see Garcia v. Falkenholm, 97 R.I. 117, 198 A. 2d 660 (1964).
   P.L. 1973, ch. 179 and a special town election held on August 7, 1973, amended paragraph (b) in its entirety.
Sec. 11. Annual charges may fluctuate; special assessments to meet deficiency in revenue.
   (a)   Excess or deficiency of receipts. If the receipts from the annual charges provided for in section 9 or referred to in section 22 of this chapter [this article] amount in any year to more than is required for the purposes thereof, the surplus shall be credited to the annual charges of the next succeeding year. If said receipts in any year, including any surplus added in any preceding year, amount to less than is required for the aforesaid purposes, the deficiency shall be added to the annual charges of the next succeeding year unless the electors in town meeting order the town council to make a special sewer assessment upon those subject to the annual charges in an amount sufficient to satisfy such deficiency. Such special sewer assessment shall be made immediately thereafter by the town council and shall be at rates proportionate to the annual charges and in an amount sufficient to satisfy such deficiency. In prescribing annual charges for the next succeeding year, any surplus or deficiency under this paragraph shall be credited or added pro rata among the annual charges for items other than debt service, the annual charges for district one (1) debt service and the annual charges for district two (2) debt service and the surplus or deficiency shall be taken to be in the amount estimated by the town council at the time of such prescription.
   (b)   Certification and collection of special sewer assessments. When the town council shall have completed said special sewer assessments ordered by the electors as aforesaid, it shall sign and deliver a certified copy of said special sewer assessments to the town treasurer who shall forthwith certify said assessments to the tax collector. Within ten (10) days thereafter the tax collector shall give notice to the owners of lands so assessed of such sewer assessment by advertisement in some public newspaper published in the City of Newport and said tax collector shall without further warrant collect said sewer assessments at the times directed by this chapter. Each special assessment made by the town council pursuant to this section shall be a lien upon the lands, buildings and improvements upon which it is made in the same way and manner as taxes assessed on real estate but such lien shall not expire until the assessment with all interest, costs and penalties thereon is paid in full, and such special assessments shall be due and payable at the time regular town taxes or installments thereof are first due and payable next after receipt by the town treasurer of said certified copy of said assessment, without provision for installment payment of said assessments. If said assessments are not paid as required by this chapter [this article], they shall be collected in the same manner that regular taxes assessed on real estate are by law collected. Interest at the rate per annum fixed for nonpayment of the regular town taxes shall be charged and collected upon all overdue assessments from the date they become payable until they are paid. (P.L. 1958, ch. 138, § 1; P.L. 1960, ch. 205, § 4.)
Sec. 11A. Procedures relating to collection, correction and cancellation of charges and assessments.
   (a)   Notice of assessment. The collector, after receiving a list of charges or assessments under section 9, 10 or 11 hereof, shall forthwith, at the expense of the town, send to each person assessed or charged notice of the amount of his assessment or charge. The notice shall substantially identify the person assessed, state the amount of the assessment or charge and refer to the remedy available under section 44-5-26 of the General Laws. The notice shall be mailed postpaid and directed to the last known address of the person assessed. If there are persons whose addresses are unknown, a similar notice covering the assessment against such persons shall be published in a newspaper of general circulation in the town and such published notice may be a single collective notice for all such persons. No irregularity in the notice required by this section shall excuse the non-payment of the assessment or charge or affect its validity or any proceedings for the collection thereof as long as there is substantia] compliance with the provisions hereof. No deficiency in the notice to the person assessed shall excuse the non-payment by others of the assessment or charge assessed against them or affect the validity thereof or any proceedings for the collection thereof.
   (b)   Application of General Laws to collection and levy. In proceedings under section 44-5-26 of the General Laws in connection with a charge or assessment under section 9, 10 or 11 hereof, section 44-5-30 of the General Laws shall apply without regard to those provisions of said section dealing with the taxpayer's account. Section 44-5-31 of the General Laws shall not apply. The town council shall be made party to such proceedings in lieu of the assessors.
   (c)   Corrected assessment or charge. In the event an assessment or charge is partially or wholly invalid, the town council may make a corrected assessment or charge to replace the invalid assessment, charge or portion and certify the same forthwith to the town treasurer. The corrected assessment or charge shall be due and payable at the time regular town taxes or installments thereof are first due and payable after receipt by the town treasurer of such certificate. If it is a corrected charge under section 9 hereof and at least two installment payment dates for the regular town taxes for the year to which the charge relates have not passed, the charge may be paid in equal installments on the remaining installment payment dates. If it is a corrected assessment under section 10 hereof, the person assessed shall be entitled to pay in installments to the extent permitted by the town council under section 10 hereof for the original assessment being corrected, provided the first installment shall be sufficient to compensate without interest for all installments which would have become due then or theretofore in the normal course. Except as otherwise provided in this section, the corrected charge or assessment shall be subject to the same provisions as the original charge or assessment under section 9, 10 or 11 hereof, as the case may be.
   (d)   Cancellation of assessment by town council. The town council may at any time cancel in whole or in part any charge or assessment under section 9, 10 or 11 to the extent the town council determines such charge or assessment to have been improperly imposed. (P.L. 1958, ch. 138, § 1, as added by P.L. 1960, ch. 205, § 5; P.L. 1967, ch. 110, § 2.)
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