CHAPTER 212

FORMERLY

SENATE BILL NO. 255

AN ACT TO AMEND AN ACT BEING CHAPTER 457, VOLUME 60, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF MILLSBORO" TO INCREASE THE AMOUNT PERMITTED TO BE RAISED FROM THE TAXATION OF REAL ESTATE AND TO PERMIT QUARTERLY ASSESSMENTS OF REAL ESTATE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two—thirds of all members elected to each House thereof concurring therein):

Section 1. Subsection 30, Section 30, Chapter 457, Volume 60, Laws of

Delaware, as amended, be and the same is hereby further amended by striking out the words and figures "five hundred thousand dollars ($500,000.00) as they appear in said Subsection and substituting in lieu thereof the words and figures "seven hundred fifty thousand dollars ($750,000.00)".

Section 2. Chapter 457, Volume 60, Laws of Delaware, as amended, be and the same is hereby further amended by adding the following Section 26, a new Section, to be designated as Section 26A to read as follows:

"SUPPLEMENTAL ASSESSMENT

Section 26A.

(a) In addition to the annual assessment provided for in Section 26 of this Charter, the Board of Assessment may, at its option, prepare a quarterly supplemental assessment list for any of the following purposes:

Adding property which was not included on the last annual assessment;

Increasing the assessed value of property which was included in the last assessment;

Correcting errors on the prior annual assessment;

Revising or modifying any exception from taxation applicable to property within the Town;

(b) The supplemental assessment list shall be prepared quarterly by the Board of Assessment and the first such supplemental assessment shall be certified to the Town Council on June 1, the second on September 1, the third on December 1, and the fourth on March 1 of each year.

(c) On the date of certification of the supplemental assessment list of the Town Council by the Board of Assessment each property owner shall be liable for the payment of real estate taxes equal to the assessed value of the property multiplied by the tax rate for the then current fiscal year applicable to the property reduced by twenty—five percent (25%) when the property is listed on the second supplemental assessment list, fifty percent (50%) when the property is listed on the third supplemental assessment list and by seventy—five percent (75%) when the property is listed on the fourth supplemental assessment list and the amount of such tax, together with any interest, penalty and collection charge shall be a lien for a period of ten (10) years and such lien shall have preference and priority to all other created liens on real estate or upon improvements located on land under lease as prescribed in the Charter or suffered by said property owner although such lien or liens be of a date prior to the time of the attaching of such lien for taxes.

(d) Whenever the Board of Assessment places a property on a

supplemental assessment list, he shall deposit notice thereof in the regular mail addressed to the owner of the property affected thereby at the address shown on the assessment list, or if the address of such owner does not appear on the assessment list, then to the person occupying the property, or if there is no apparent occupant, such notice shall be posted on the property. Such notice shall be given no later than the date on which the supplemental list on which the property appears is certified to the Town Council by the Board of Assessment. The certification by the Board of Assessment that the notice required by this Subsection was mailed or posted, as the case may be, shall be conclusive evidence that notice to the property owner was received.

The Board of Assessment shall publish a notice of the place or places where the supplemental assessment list may be inspected together with a notice of the time and place in the Town when the Town Council, not earlier than ten (10) days from the date of the last publication, shall sit, between the hours of one o'clock in the afternoon, prevailing time, and five o'clock in the afternoon, prevailing time, to hear appeals. Such notice shall appear at least once a week for two (2) consecutive weeks in a newspaper of general circulation in the Town. The decision of the Town Council sitting as a Board of Appeals, shall be final and conclusive and the said Town Council shall revise and complete the said supplemental assessment at this sitting. Neither the Mayor nor any member of the Town Council shall sit upon his appeal but the same shall be held and determined by the other members of the Town Council.

Pending determination of the appeal, the property owner may either pay the tax imposed by the supplemental assessment and if on appeal the assessment is reduced, the property owner shall be entitled to a refund of the taxes which he has overpaid plus interest thereon at the rate of one percent (1%) per month for each month or fraction thereof from the date of payment or the property owner may decline to pay the tax imposed by the supplemental assessment in which case, interest and penalties shall accrue at the rate of one percent (1%) per month for each month or fraction thereof that the taxes remain unpaid from the expiration of thirty (30) days following the date of mailing or the posting of the notice, as the case may be, required by this Section.

In the collection of all taxes imposed by the supplemental
assessment list, the Town Clerk shall deduct four percent (4%) from the amount of taxes assessed against the real property of any property owner if the property is listed on the second supplemental assessment list, a credit of two and one—half percent (2-1/2%) if property is listed on the third supplemental assessment list, and a credit of two (2%) if the property is listed on the fourth supplemental assessment list and is paid within thirty (30) days following the date of mailing of the notice by the Board of Assessment to the owner of the property.

All taxes imposed by the supplemental assessment list paid more than thirty (30) days following the date that notice is mailed by the Board of Assessment to the property owner as provided for in this Section shall be delinquent."

Approved February 11, 1992.