CHAPTER 115 - PROVIDING THAT COST OF SEWERS CONSTRUCTED BY LEVY COURT SHALL BE A LIEN UPON ABUTTING PROPERTIES

AN ACT TO AMEND CHAPTER 43 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO THE LEVY COURT OF NEW CASTLE COUNTY, AND PROVIDING THAT THE 'COST OF SEWERS CONSTRUCTED BY SAID COURT SHALL BE A LIEN UPON ABUTTING PROPERTIES.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That 1172. Sec. 26, of the Revised Code of Delaware, 1935, be and the same is hereby amended by adding at the end of the said Section the following additional paragraphs, to-wit:

When the Levy Court shall have determined and fixed the amount which shall be paid by the owner of any property abutting upon the road in or adjacent to which said sewer is constructed, in accordance with the provisions of 1170. Sec. 24, of this Chapter, the said amount so determined and fixed shall be an assessment upon the said property and shall be a lien upon the said property from the date of such assessment, and such lien shall have priority against any lien, encumbrance or conveyance made or suffered by the owner or owners of said property after the said amount has been so determined and fixed, as aforesaid. The said sum, so determined and fixed, as aforesaid, shall be due and payable upon the date of the said assessment, and if paid within thirty days after the presentation of a bill for such assessment, a discount of five per cent. shall be allowed on the face of the bill so presented; and upon all assessments paid after thirty days, and on or before ninety days, the face of the bill shall 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 centum per annum shall be charged from ninety clays after the date of the presentation of the bill, as aforesaid, until the same is paid in full.

If, however, any such assessment, or any part of such assessment, shall remain unpaid at the end of one year after the date of the presentation of said bill, as aforesaid, it shall be the duty of the President of the Levy Court of New Castle County to cause to be brought proper proceedings for the enforcement of the said lien and levy the said assessment with interest thereon accrued, and all costs thereon, upon the grounds and buildings of such owner or owners abutting upon any such road in or adjacent to which said sewer is constructed, which such grounds and buildings, or any part thereof, shall be sold by the Sheriff of New Castle County, after like notice given by the said Sheriff as is provided by law in cases of other sales of real estate by the Sheriff, and a deed from the Sheriff shall convey to the purchaser of such grounds and buildings as full and complete a title to said premises, in fee simple or otherwise, as if the same were executed by said owner thereof.

And it shall be the duty of the said Sheriff, out of the purchase money of the said premises so sold as aforesaid, to pay all costs arising from said process and sale to the parties entitled thereto respectively, and to pay the amount of such assessment with accrued interest thereon to the said Levy Court. The residue of said purchase-money shall be immediately deposited in the Farmers Bank, at Wilmington, Delaware, to the credit of the owner or owners of the property so sold.

Approved May 19, 1937.