Assessment for installation costs
(1) When a municipality requires property owners to connect their homes and multifamily dwellings to the sewer system of the municipality, the municipality may assess the installation costs for which the municipality provides financing against the affected properties in the same manner that costs of local improvements are assessed against benefited properties. Such assessments shall have the same lien status and be foreclosable in the same manner as other assessments levied under ORS 223.005 (Appropriation and condemnation for public use within and without city limits) to 223.105 (Proceedings to condemn property for city improvements when owner and city disagree on price) and 223.205 (Scope and application) to 223.930 (Streets along city boundaries or partly within and without city) or the charter of the municipality. If installation costs are so assessed:
(a) The municipality shall make financing for the installation costs available to affected property owners;
(b) Affected property owners may apply to pay the assessments in installments as provided in ORS 223.205 (Scope and application) to 223.314 (Establishment or modification of system development charge not a land use decision), but the municipality may impose a reasonable penalty for prepayment of assessment installments;
(c) The municipality may issue special assessment bonds to finance the installation costs pursuant to ORS 223.235 (Issuance of bonds), but may sell such bonds at public or private sale in the same manner as port district revenue bonds may be sold pursuant to ORS 777.575 (Sale of bonds) (4); and
(d) The municipality may issue Bancroft bonds pursuant to ORS 223.205 (Scope and application) to 223.314 (Establishment or modification of system development charge not a land use decision), but only for installation costs for property within an area affected by an order of the Environmental Quality Commission or any court.
(2) As used in this section:
(a) “Installation costs” means the costs of placing, installing and connecting sewer lines and mains between a home or multifamily dwelling and the adjacent street sewer lines, drains or other storm or sanitary sewer facilities of the municipality, and costs of providing financing for such placement, installation and connection.
(b) “Municipality” means a city, county, county service district, sanitary authority or sanitary district. [1985 c.417 §1; 1991 c.902 §114; 1997 c.249 §154]
Note: 454.805 (Assessment for installation costs) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 454 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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