§ 82-188. Extension to existing development.

(a)

Petition sewer. On any given street segment, the owners of more than 50 percent of the road frontage of existing residential property may petition the board of commissioners for installation of a sewer system extension to serve such properties. Upon installation of such sewer, all abutting property owners shall be assessed a proportionate share of the cost of such installation.

(1)

The costs to be borne by the property owners is associated strictly with installing system capacity to serve those property owners and does not include any additional costs that may be associated with the provision of excess capacity for future development. The proportionate share of the cost to be borne by each property owner is based on its relative sewage flow contribution and proportionate length of system extension attributable to that property.

a.

The sewage flow contribution of each property is estimated using standard engineering practices and methods applied by the Fulton County Department of Public Works.

b.

If, in the event a sewerage system extension is designed, at the county's request, to provide excess capacity for the purpose of providing service to additional development in the future, then the Fulton County Sewerage System shall pay, with cash or in-kind contribution, the proportionate share of the cost of the excess capacity, such cost to be reimbursed to the county on a proportionate basis as new development enters the system.

(2)

Whenever a petition for installation of a sewer extension has been presented to the board of commissioners by owners of existing residential property, the county manager or the manager's designee shall:

a.

Set a date for a public hearing thereon before the board of commissioners.

b.

Give notice of the petition and date of the hearing to all persons concerned through publication of a notice of the date, time, and place of the hearing and a general description of the proposed sewer extension location and cost. Such notice shall be published in a newspaper of general location circulation or in the newspaper wherein the sheriffs notices are published. Such notice shall be published at least ten days prior to the date set for the hearing.

c.

Give notice, in writing, by regular mail, to all property owners of property abutting said sewer line against which the cost of installation is to be assessed, notice of the time and place of the hearing, and a general description of the proposed sewer extension location and cost. Such notice shall be posted at least ten days prior to the date set for the hearing. Such notice shall be addressed to the person whose name appears on the last tax digest as the owner thereof and sent to the address listed in the tax digest.

(3)

At the hearing, any person whose property or interest is affected by the proposed sewer may in person or through an agent or attorney, object to or support the proposed sewer extension.

(4)

The decision of the board of commissioners regarding approval or rejection of the proposed sewer extension shall be final and conclusive and is also final and conclusive regarding the public necessity for construction of the sewer and the assessment of cost against abutting property owners.

(b)

Public health. Notwithstanding subsection (a) of this section, an authorized representative of the county may request of the board of commissioners installation of a sewer system extension. Such request must be accompanied by evidence that a situation immediately adverse to the public health exists and that such situation will be alleviated by installation and use of the proposed sewer system extension.

(1)

Upon approval by the board of commissioners, such sewer system extension shall be installed immediately.

(2)

All property abutting such sewer system extension shall be assessed a proportionate share of the cost of installation.

(3)

The costs to be borne by the property owner is associated strictly with installing system capacity to service those property owners and does not include any additional costs that may be associated with the provision of excess capacity for future development. The proportionate share of the cost to be borne by each property owner is based on its relative sewage flow contribution and proportionate length of system extension attributable to that property.

a.

The sewage flow contribution of each property is estimated using standard engineering practices and methods applied by the Fulton County Department of Public Works.

b.

If, in the event a sewerage system extension is designed to provide excess capacity for the purpose of providing service to additional development in the future, then the Fulton County Sewerage System shall pay the proportionate share of the cost of the excess capacity, with cash or in-kind contribution, such cost to be reimbursed to the county on a proportionate basis as new development enters the system.

(c)

Assessments; petition sewers and installations for reasons of public health. Whenever a petition sewer extension has been installed or whenever a sewer system extension has been installed for reasons of public health, the county manager or the manager's designee shall prepare an assessment roll. Such assessment roll shall describe the system extension and show the abutting property, the existing use (or if undeveloped, the permitted use) of the abutting property, and the names of the owners of the abutting property. All abutting property on both sides of the street shall be assessed a proportional share of the cost of installation as set forth herein.

(1)

The assessment role as prepared by the county manager or the manager's designee shall be presented to the board of commissioners at a regular or called meeting and adopted and spread on the minutes of the commission.

(2)

All assessments against property and the owners thereof for the construction of sewer system extensions installed as petition sewers or for reasons of public health shall be liens upon the property from the date of the adoption of an action of the board of commissioners authorizing construction of said sewer system extension.

(3)

The county manager or the manager's designee shall prepare and keep an improvement register which records all assessments against properties for sewer system extensions installed as petition sewers or for reasons of public health. Such register shall be updated immediately upon passage of authorization for sewer system extension construction by the board of commissioners. The register shall describe the sewer system extension to be built and the properties affected.

(4)

All properties served shall be assessed a proportionate share of the cost of the extension based on relative sewage flow contributions and proportionate share of the length of extension as described in the remainder of this section.

(5)

Whenever a sewer system extension abuts a tract of land other than a corner property on more than one side and when said tract is incapable of subdivision because of zoning regulations, building code restrictions, topography, or other reasons, said property shall be assessed only on the side having the greater frontage.

(6)

Corner property shall be assessed as follows:

a.

Where the sewer system extension line abuts corner property only on the front, the property shall be assessed for the amount of frontage.

b.

Where the sewer system extension line abuts corner property on both the front and a side, the property shall be assessed for the frontage; and:

1.

The first 150 feet of each side abutting a line shall be exempted from assessment.

2.

The next 100 feet of each side abutting a line shall be subject to assessment.

c.

Where the sewer system extension line abuts corner property only on a side, the property shall be assessed for the frontage and:

1.

The first 150 feet of each side abutting a line shall be exempted from assessment.

2.

The next 100 feet of each side abutting a line shall be subject to assessment.

d.

Where the sewer system extension line abuts property, but does not abut such property on any street, the property shall be assessed for its street frontage.

e.

Whenever property has been exempted from assessment for abutting sewers under the terms of this article and the condition of the property or improvements is later changed so that the owner requests a sewer connection be granted, the owner shall be required to pay the amount said property would have been assessed had there been no exemption, but at rates prevailing at the time the connection is granted.

(7)

Whenever a sewer line has been constructed in accordance with the sections and the cost thereof assessed against the property benefiting thereby and the owners thereof, said owners shall be notified of such assessment and the amount thereof.

a.

Within 60 days after the date of the assessment, such property owner shall pay the amount of such assessment in full or, upon request, such property owner shall be allowed to elect an installment payment plan.

b.

If the installment payment plan is elected, the owner shall pay not less than one-fourth of the total assessment in cash within said 60 days and execute and deliver therewith the necessary documents hereafter specified to document and evidence such plan and the assessment lien on the property.

c.

The remainder of the assessment, after deduction of such cash payment, may, upon the request of the property owner, be divided into not more than three equal annual installments, maturing one, two and three years, respectively, from the date of said assessment, provided proper evidence of such extension shall be executed by the owner of the property, and the unpaid balance shall bear interest from the date of the assessment of the cost until paid at the rate of interest thus being charged on unpaid state and county taxes. Said evidence of indebtedness shall be negotiable in form, and Fulton County shall reserve the right therein to transfer and assign the same to third parties.

d.

No extension of time for the payment of any assessment shall affect the validity of said assessment or the right of Fulton County, or its assignee, to proceed to enforce the same against said property and the owner thereof. In case of default in any installment, the entire assessment shall become due and payable forthwith.

e.

Whenever the owner of any property desires to extend the payment of all or any part of any assessment levied against him or his property as provided in the preceding sections, at the time of the application for such extension and the execution of evidences thereof, such owner shall likewise execute an acknowledgement of the lien upon his property for the sewer assessment against the same, which acknowledgement shall be upon a form provided by the county of such nature that it may be recorded and which shall be recorded on the deed records of Fulton County in the office of the Clerk of the Superior Court.

f.

Should the owner of any property against which assessment for sewers has been levied fail either to execute the instruments required for an extension, as provided in the preceding sections, or to pay same in cash within 60 days of the due date, execution shall issue forthwith against the property improved and the owner thereof.

g.

Assessments against property and the owners thereof for the construction of sewer line and charges made for connection of sewer line shall be paid to the Department of Finance of Fulton County covering the same.

h.

Whenever the owner of any property shall fail to pay any sewer assessment or extension thereof when the same shall become due, the holder of such evidence, whether the holder is Fulton County or its assignee, shall be entitled to have an execution issued therefore, which execution shall issue in the name of the board of commissioners, be signed by the chairman of the board and be recorded on the general execution docket in the office of the Clerk of the Superior Court of Fulton County. Said execution shall be issued in rem against the property described in the assessment roll and in personam against the owner thereof, and shall include in addition to principal and interest a fee for the issuance of the same as may be established from time to time by the board of commissioners. Subsequent costs thereon shall be the same as those now allowed by law to the sheriff for the performance of similar services. All adjoining property owned by the same party or parties shall be covered in any execution issued and only one such execution shall be issued against any property owner covering adjacent lots.

i.

All executions for sewer assessment shall be handed to the Sheriff of Fulton County and subsequent proceedings had thereon shall be as provided by law for the enforcement of execution of taxes.

(92-RC-527, art. VII, § 1, 11-18-92; Res. No. 06-1167, 11-15-06)