Sec. 10-41. - Authorization.

The council through the agency of the board of directors of the department of public works of the city is hereby authorized and empowered to construct such sewers in accordance with any plan now or that may hereafter from time to time be adopted, as may seem to them necessary to meet with the requirements of the city, and the cost of constructing such sewers shall be met in the following manner.

(19 Del. L. ch. 209, § 1; 53 Del. L. ch. 12, § 2)

Sec. 10-42. - Manner of computing costs and assessments against abutting property.

The board of directors of the department of public works, from the approximate estimate of the whole cost of constructing any sewer in accordance with any plan now or that may hereafter from time to time be adopted, shall apportion the said cost to each lineal foot of sewer to be built in accordance with the aforesaid system, said cost to be apportioned alike upon each and every size of sewer, be it a lateral or trunk sewer; and the said cost per lineal foot shall be paid for by the abutting property upon the streets or highways in which such sewers are constructed at the time of completing each sewer, and the aforesaid property shall be assessed for such costs per lineal foot as follows:

All assessments shall be made upon the properties abutting upon that portion of any street or highway, lane or alley in which any public sewer may be constructed under this provision, at such rate for each front foot of such property upon such street, highway, lane or alley, and at such rate for each square foot of such property between such street, highway, lane or alley and a line not exceeding two hundred feet distant from and parallel with the line of such street, highway, lane or alley, as the board of directors of the department of public works, or its successors, shall determine; provided, that when any property is situated at the corner of two streets or highways, or otherwise so situated as to be assessed for the expenses of building a sewer on one of such streets or highways, only the front of such property, together with the area, shall be liable for such assessment, and the whole assessment shall be made on the completion of any portion of a sewer, either in front or on the side of such property, so as to make the said property accessible to such sewer; and provided further, that the board of directors of the department of public works shall determine, in all cases, what portion of a property shall be considered as side frontage, unless said property has been divided into building lots and a plot thereof filed in the department of public works, or published, or both, then in such case the side frontage shall be determined by such plan; provided further, however, that should the owner or owners of such corner property decide, after the above assessments are made or paid, to make the side of such property, as determined by the board, the frontage of such property, then in such case the owner or owners of such corner property shall pay such additional sum of money as the board of directors may determine upon, in accordance with the provisions of this article; and provided also, that no property or portion of property shall be assessed for the construction of any sewer, unless such property or some portion thereof shall abut and be bounded upon said street on which said sewer shall have been constructed, or unless such property or portion thereof has a right of access to the street or highway by a private alley, or desires to use said sewer before a sewer is constructed upon said street or highway upon which said property abuts, in which case said property shall be liable for the same assessment as though the sewer was constructed in the streets or highways upon which the property abuts, and the property shall not be liable for any further assessment for sewer purposes.

Properties abutting upon a street or highway, lane or alley wherein a public sewer has been constructed previous to the passage of 19 Delaware Laws, Chapter 209, and 19 Delaware laws, Chapter 735, shall pay to the board of directors of the department of public works the same amount for sewer benefits as is herein provided for; provided, however, that no assessment shall be made upon such property until a permit is granted by said board for the property to make connection with such sewer, whereupon the whole assessment shall be due and payable before any such connection is made. And be it further provided, that all properties or portions of properties abutting upon any navigable stream within the city, and lying between said stream and the first street, highway, lane or alley, lying back from and in or near unto the same direction with said stream, shall not be liable for any sewer assessment whatever, unless such property, or any portion thereof, desires the use of the public sewer, in which case, said property shall be liable for the same assessments as hereinbefore provided.

(19 Del. L. ch. 209, § 6; 19 Del. L. ch. 735, § 3; 31 Del. L. ch. 28, § 1; 46 Del. L. ch. 219, § 1; 53 Del. L. ch. 12, § 2)

Sec. 10-43. - Right of landowners assessed to connect with sewer.

When any such assessment shall be made upon any land for the expense of constructing any such sewer, the owner so assessed shall have the right to connect such land with such sewer, under and subject to such rules and regulations as the board of directors of the department of public works shall from time to time prescribe, upon executing to said board a release of all damages which may at any time happen to such property in any way resulting from such connection.

(19 Del. L. ch. 209, § 4; 53 Del. L. ch. 12, § 2)

Sec. 10-44. - Assessment lien; enforcement thereof, etc.

All assessments made under authority of this article shall be a lien upon the property upon which they are made from the date upon which they are certified by the board of directors of the department of public works to the clerk of such board for collection, and such lien shall have priority against any lien, incumbrance or conveyance made or suffered by the owner or owners of such property after the date of the certifying of such assessment as aforesaid.

All moneys received by the board of directors of the department of public works from sewer liens dated subsequent to July 1, 1912, may be retained by the department of public works and the council is hereby authorized to pay to the department of public works the sums transferred to the council by the department of public works for receipts from sewer liens dated subsequent to July 1, 1912.

Any such assessment shall be due and payable upon the date of the certifying, and if paid within sixty days after the date of the presentation of the bill of such assessment a discount of five per cent will be allowed on the face of the bill so presented; and upon all assessments paid after sixty days, and on or before ninety days after presentation of the bill, the face of the bill will be payable; and upon all assessments not paid within ninety days after the date of the presentation of the bill as aforesaid, interest, at the rate of six per cent per annum, may be charged from ninety days after the date of the certifying of such assessment as aforesaid until the same is paid in full. If, however, any such assessment or part of such assessment shall remain unpaid at the end of one year after the date of the certifying as aforesaid, it shall be the duty of the mayor of the city to issue his warrant, directed to the board of directors of the department of public works, commanding them to levy the same with the interest thereon accrued, and all costs thereon, upon the grounds or buildings of such owner abutting on any such streets or highways aforesaid, which such grounds or buildings or any part thereof shall be sold by the board at public auction after ten days' notice in two newspapers published in the city, and a deed from the city shall convey to the purchaser of such grounds or buildings as full and complete a title to such premises, in fee simple or otherwise, as if the same were executed by said owner thereof. And it shall be the duty of said board of directors, out of the purchase money of said premises so sold as aforesaid, to pay all costs arising from such process and sale to the parties entitled thereto, respectively, and to retain the amount of such assessment with accrued interest thereon as aforesaid. The residue of the purchase money shall be immediately deposited by the board of directors in the Bank of Delaware, to the credit of the owner of the property so sold.

(19 Del. L. ch. 209, § 5; 19 Del. L. ch. 735, § 2; 20 Del. L. ch. 92, § 1; 27 Del. L. ch. 206, § 1; 53 Del. L. ch. 12, § 2)

Sec. 10-45. - Modification of assessments.

The board of directors of the department of public works are hereby authorized to alter or modify any and all assessments heretofore made for the cost of constructing sewers in accordance with this article so as to adjust said assessments in accordance with the above provisions, and out of any moneys received for current expenses to refund to the person or persons who have paid such sewer assessments so as to conform to the said provisions. Provided that such alterations or modifications shall not invalidate the said assessments or the lien thereof.

(19 Del. L. ch. 735, § 4; 53 Del. L. ch. 12, § 2)

Sec. 10-46. - Additional rules and regulations.

The board of directors of the department of public works is hereby authorized and empowered to pass and adopt such rules and regulations as the said board may see proper for regulating, controlling and prescribing the manner in which any sewer or drain constructed by order of or in charge of said board shall be used, and the manner in which connections therewith, or with any private sewer now existing or hereafter to be constructed in any public street, lane, or alley in the city, any house, building, yard or other place, shall be made, and for the keeping of the same in proper repair, and shall prescribe certain fines and penalties for the non-observance of such rules and regulations, said fines to be collected in the same manner that other fines for offenses against the ordinances of the city are now or may hereafter be collected.

(19 Del. L. ch. 209, § 7; 53 Del. L. ch. 12, § 2)

Secs. 10-47—10-60. - Reserved.