Article IX. 1953 SP. ACT NO. 604. PAVING ASSESSMENTS  

AN ACT TO CLARIFY AND EXPAND THE POWER OF THE TOWN OF BLOOMFIELD RELATING TO ASSESSMENTS FOR THE PAVING OF STREETS

Section 1. No proposed street or highway and no part of any proposed street or highway in the Town of Bloomfield shall become a public street or highway until accepted as such at a legal meeting of the town council. The town council may, as a condition precedent to the acceptance of any proposed street or highway or part thereof, require that the base and pavement thereof, together with drainage and grading where necessary, be completed to its satisfaction by the developer or abutting property owners at his or their own cost and expense or, at its election, that a bond in an amount and with a surety satisfactory to it be furnished the town by the developer for abutting property owners conditioned upon the completion of such work on or before a date specified by it.

Sec. 2. The town council of said town may cause to be paved with any substantial pavement or any acceptable base, together with drainage and grading where necessary or desirable, such streets or parts of streets in said town as it may determine. The town council shall have power to assess the cost of such drainage, grading, base and paving, including that portion contiguous to lateral and intersecting streets, one-half upon the Town of Bloomfield, and one-fourth upon the property abutting on each side of the line of such paving, provided such assessment upon abutting property shall be permitted only for the first complete base and hard-surface finished paving of any such street or part of a street upon which such property abuts. An assessment for both the base and hard-surface finished pavement may be made at the same time or an assessment for the base may be made at one time and a separate assessment for a hard-surface finished pavement at another time. (1955 Act No. 9, § 1)

Sec. 3. The town council shall recommend the streets or parts of streets to be paved, and shall determine the kind of base or pavement to be laid thereon, and shall ascertain the cost of such paving, based upon current bid prices. When the town council shall have recommended the construction of a base or pavement on any street or part of a street pursuant to the provisions of this act, it shall hold a hearing, notice of the time and place of which shall be given to the property owners to be affected by said assessment, if known, at least ten days before the time of hearing by depositing in the post office, postage paid, a notice of the pendency of the proceedings, signed by the town clerk and addressed to the last-known address of said property owners or to the addresses to which their most recent tax bills were sent. In the case of an estate of a deceased person in process of settlement, notice to the administrator or executor of said estate shall be deemed to be notice to the owner. Notice of the time and place of said hearing shall also be given by publication not less than ten days before the date of said hearing in a daily newspaper having a circulation in the Town of Bloomfield. The estimated cost of such paving shall be presented to or available for use at said public hearing and, after such hearing, the town council may vote to order the construction of such pavement or base, or any part of the same, and shall assess the cost thereof in the manner provided in section 2 of this act. The estimated amount of said cost shall be a lien upon the land against which it shall be assessed and shall continue to be a lien upon said land provided that, within thirty days after the passage of said vote laying out or ordering said construction, a caveat shall be entered in a record to be kept by the town clerk.

Sec. 4. On completion of the work a final cost shall be computed, based on the actual cost of said work, and a final assessment for said cost shall be levied in the manner provided in section 2 of this act. Said assessment shall be delivered by the town council to the tax collector of the Town of Bloomfield for collection and shall be final and conclusive on all parties in interest.

Sec. 5. Notice of said final assessment shall be given to all property owners affected thereby, if known, by depositing a copy of the same in the post office, postage paid, within ten days after it shall have been levied, addressed to the last-known addresses of said property owners or to the addresses to which their most recent tax bills were sent. In the case of an estate of a deceased person in process of settlement, notice to the administrator or executor of said estate shall be deemed to be notice to the owner. Notice of said assessment shall also be given by publishing a copy of the same not more than ten days after it shall have been levied in a daily newspaper having a circulation in the Town of Bloomfield. Any person aggrieved by said assessment may appeal to the court of common pleas for Hartford County pursuant to the provisions of section 690 of the general statutes.

Sec. 6. Payment of said assessment may be enforced in a civil action by said town or by foreclosure or by any other remedy provided by the general statutes. Said assessment shall become a lien upon the land assessed from the date it is levied and shall remain a lien in favor of the town until payment, provided no such lien shall continue for a period longer than four months after such assessment shall have been made unless, within said period, a certificate, in writing, signed by the tax collector and describing the premises, the amount claimed as a lien, the date of said final assessment and the nature of the work for which said lien is claimed, shall be lodged with the town clerk. Each such lien shall bear interest from the date of the filing thereof at the rate of one-half of one per cent per month until paid. Any such lien shall cease to exist when a certificate, signed by the tax collector and stating that the claim secured thereby, together with interest, has been paid in full, shall be lodged with the town clerk. Such liens shall take precedence over all other liens, mortgages, attachments and encumbrances of prior date except tax liens and other liens in favor of the Town of Bloomfield. (1963 Act. No. 108)

Sec. 7. The powers herein granted shall be in addition to the powers granted to towns under the general statutes and to the Town of Bloomfield under any special act and shall not be construed to deprive said town of any powers it has over the construction, maintenance and repair of streets and highways.

Sec. 8. The provisions of this act shall not apply to any street or highway, the base or pavement of which is paid for by the state provided the use of town aid funds or comparable funds provided by the state shall not constitute payment by the state within the meaning of this act. (1955 Act No. 9, § 2)

Sec. 9. Number 246 of the special acts of 1927, as amended by number 73 of the special acts of 1929, is repealed.