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General Assembly Raised Bill No. 916
January Session, 2023
LCO No. 3080
Referred to Committee on PLANNING AND
DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING FORECLOSURE, ASSIGNMENT AND OTHER
ENFORCEMENT ACTIONS FOR UNPAID SEWER ASSESSMENTS
AND OTHER FEES AND CHARGES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsections (a) to (c), inclusive, of section 7-254 of the 1
general statutes are repealed and the following is substituted in lieu 2
thereof (Effective October 1, 2023, and applicable to actions filed on or after 3
October 1, 2023): 4
(a) Any assessment of benefits or any installment thereof, not paid 5
within thirty days after the due date, shall be delinquent and shall be 6
subject to interest from such due date at the interest rate and in the 7
manner provided by the general statutes for delinquent property taxes. 8
Each addition of interest shall be collectible as a part of such 9
assessment. 10
(b) (1) Whenever any installment of an assessment becom es 11
delinquent, the interest on such delinquent installment shall be as 12
provided in subsection (a) of this section or five dollars, whichever is 13 Bill No. 916
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greater. Any unpaid assessment and any interest due thereon shall 14
constitute a lien upon the real estate against which the assessment was 15
levied from the date of such levy. Each such lien may be continued, 16
recorded and released in the manner provided by the general statutes 17
for continuing, recording and releasing property tax liens. Each such 18
lien shall take precedence over all other liens and encumbrances except 19
taxes and may be enforced, in accordance with subdivision (2) of this 20
subsection, in the same manner as property tax liens. The tax collector 21
of the municipality may collect such assessments in accordance with 22
any mandatory provision of the general statutes for the collection of 23
property taxes and the municipality may recover any such assessment 24
in a civil action against any person liable therefor. 25
(2) In the case of one or more liens for any unpaid assessment and 26
any interest due thereon, as described in subdivision (1) of this 27
subsection, upon any owner-occupied real estate, no such lien or liens 28
may be enforced unless the principal for all such liens upon such 29
owner-occupied real estate exceeds four thousand dollars. 30
(c) [Any] (1) Except as provided in subdivision (2) of this subsection, 31
any municipality, by resolution of its legislative body, may assign, for 32
consideration, any and all liens filed by the tax collector to secure 33
unpaid sewer assessments as provided under the provisions of this 34
chapter. The consideration received by the municipality shall be 35
negotiated between the municipality and the assignee. 36
(2) In the case of one or more liens filed by the tax collector to secure 37
unpaid assessments, as described in subdivision (1) of this subsection, 38
upon any owner-occupied real estate, no such lien or liens may be 39
assigned unless the principal for all such liens upon such owner-40
occupied real estate exceeds four thousand dollars. 41
Sec. 2. Subsections (a) and (b) of section 7-258 of the general statutes 42
are repealed and the following is substituted in lieu thereof (Effective 43
October 1, 2023, and applicable to actions filed on or after October 1, 2023): 44 Bill No. 916
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(a) (1) Any charge for connection with or for the use of a sewerage 45
system, not paid within thirty days of the due date, shall thereupon be 46
delinquent and shall bear interest from the due date at the rate and in 47
the manner provided by the general statutes for delinquent property 48
taxes. Each addition of interest shall be collectible as a part of such 49
connection or use charge. Any such unpaid connection or use charge 50
shall constitute a lien upon the real estate against which such charge 51
was levied from the date it became delinquent. Each such lien may be 52
continued, recorded and released in the manner provided by the 53
general statutes for continuing, recording and releasing property tax 54
liens. Each such lien shall take precedence over all other liens and 55
encumbrances except taxes and may be foreclosed in the same manner 56
as a lien for property taxes in accordance with subdivision (2) of this 57
subsection. The municipality may by ordinance designate the tax 58
collector or any other person as collector of sewerage system 59
connection and use charges and such collector of sewerage system 60
connection and use charges may collect such charges in accordance 61
with the provisions of the general statutes for the collection of property 62
taxes. The municipality may recover any such charges in a civil action 63
against any person liable therefor. For the purpose of establishing or 64
revising such connection or use charges and for the purpose of 65
collecting such charges any municipality may enter into agreements 66
with any water company or municipal water department furnishing 67
water in such municipality for the purchase from such water company 68
or municipal water department of information or services and such 69
agreement may designate such water company or municipal water 70
department as a billing or collecting agent of the collector of sewerage 71
system connection and use charges in the municipality. Any water 72
company or municipal water department may enter into and fulfill any 73
such agreements and may utilize for the collection of such charges any 74
of the methods utilized by it for the collection of its water charges. 75
(2) In the case of one or more liens for any unpaid connection or use 76
charge, as described in subdivision (1) of this subsection, upon any 77
owner-occupied real estate, no such lien or liens may be foreclosed 78 Bill No. 916
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unless the principal for all such liens upon such owner-occupied real 79
estate exceeds four thousand dollars. 80
(b) [Any] (1) Except as provided in subdivision (2) of this 81
subsection, any municipality, by resolution of its legislative body, may 82
assign, for consideration, any and all liens filed by the tax collector or 83
collector of sewerage system connection and use charges to secure 84
unpaid sewerage connection and use charges as provided under the 85
provisions of this chapter. The consideration received by the 86
municipality shall be negotiated between the municipality and the 87
assignee. 88
(2) In the case of one or more liens filed by the tax collector or 89
collector of sewerage system connection and use charges to secure 90
unpaid sewerage connection and use charges, as described in 91
subdivision (1) of this subsection, upon any owner-occupied real 92
estate, no such lien or liens may be assigned unless the principal for all 93
such liens upon such owner-occupied real estate exceeds four 94
thousand dollars. 95
Sec. 3. Section 22a-506 of the general statutes is repealed and the 96
following is substituted in lieu thereof (Effective October 1, 2023, and 97
applicable to actions filed on or after October 1, 2023): 98
(a) An authority may (1) levy and collect benefit assessments upon 99
the lands and buildings within its jurisdiction that, in its judgment, are 100
especially benefited by a wastewater system; (2) establish, revise and 101
collect rates, fees, charges, penalties and assessments for the use and 102
benefits of a wastewater system; and (3) order the owner of any 103
building which is accessible to a wastewater system to connect to such 104
system, all in the manner provided in sections 7-249 to 7-257, inclusive, 105
and sections 22a-416 to 22a-599, inclusive. 106
(b) (1) Any assessment of benefits, including any installment 107
thereof, and any charge, fee, fine or other amount that is not paid 108
within thirty days after the due date shall be delinquent, shall be 109 Bill No. 916
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subject to interest and shall constitute a lien upon the premises served 110
and a charge upon the owner thereof all in the manner provided both 111
by the provisions of the general statutes for delinquent property taxes 112
and by section 7-258, as amended by this act. The rules and regulations 113
of the authority may provide for the discontinuance of water pollution 114
control service for nonpayment of taxes, special assessments, fees, 115
rates, penalties or other charges therefor imposed under sections 22a-116
500 to 22a-519, inclusive. Such lien shall take precedence over all other 117
liens or encumbrances except taxes and may be foreclosed against the 118
lot or building served, in accordance with subdivision (2) of this 119
subsection, in the same manner as a lien for taxes, provided all such 120
liens shall continue until such time as they shall be discharged or 121
foreclosed by the authority without the necessity of filing certificates of 122
continuation, but in no event for longer than ten years. The authority 123
may institute a civil action against such owner to recover the amount 124
of any such fee or charge which remains due and unpaid for thirty 125
days along with interest thereon at the same rate as unpaid taxes and 126
with reasonable attorneys' fees, provided no such civil action to 127
recover such amount may be instituted against the owner of an owner-128
occupied premises unless the principal for such amount exceeds four 129
thousand dollars. 130
(2) In the case of one or more liens for any assessment of benefits 131
and any charge, fee, fine or other amount that is not paid within thirty 132
days after the due date, as described in subdivision (1) of this 133
subsection, upon any owner-occupied premises served, no such lien or 134
liens may be foreclosed unless the principal for all such liens upon 135
such owner-occupied premises served exceeds four thousand dollars. 136
Sec. 4. Subsection (a) of section 49-92o of the general statutes is 137
repealed and the following is substituted in lieu thereof (Effective 138
October 1, 2023, and applicable to actions filed on or after October 1, 2023): 139
(a) [Any] (1) Except as provided in subdivision (2) of this 140
subsection, any regional sewer authority established under an act of 141
the General Assembly, may assign, for consideration, any and all liens 142 Bill No. 916
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filed by such regional sewer authority to secure unpaid sewer 143
assessments or connection or use charges of the authority. The 144
consideration received by the authority shall be negotiated between 145
the authority and the assignee. 146
(2) In the case of one or more liens filed by a regional sewer 147
authority to secure unpaid sewer assessment or connection or use 148
charges of the authority, as described in subdivision (1) of this 149
subsection, upon any owner-occupied real estate, no such lien or liens 150
may be assigned unless the principal for all such liens upon such 151
owner-occupied real estate exceeds four thousand dollars. 152
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023, and
applicable to actions filed
on or after October 1, 2023
7-254(a) to (c)
Sec. 2 October 1, 2023, and
applicable to actions filed
on or after October 1, 2023
7-258(a) and (b)
Sec. 3 October 1, 2023, and
applicable to actions filed
on or after October 1, 2023
22a-506
Sec. 4 October 1, 2023, and
applicable to actions filed
on or after October 1, 2023
49-92o(a)
PD Joint Favorable