Sec. 7-258. Delinquent charge for connection or use. Lien. Assignment of liens.
Sec. 7-258. Delinquent charge for connection or use. Lien. Assignment of liens.
(a) Any charge for connection with or for the use of a sewerage system, not paid within
thirty days of the due date, shall thereupon be delinquent and shall bear interest from
the due date at the rate and in the manner provided by the general statutes for delinquent
property taxes. Each addition of interest shall be collectible as a part of such connection
or use charge. Any such unpaid connection or use charge shall constitute a lien upon
the real estate against which such charge was levied from the date it became delinquent.
Each such lien may be continued, recorded and released in the manner provided by the
general statutes for continuing, recording and releasing property tax liens. Each such
lien shall take precedence over all other liens and encumbrances except taxes and may
be foreclosed in the same manner as a lien for property taxes. The municipality may by
ordinance designate the tax collector or any other person as collector of sewerage system
connection and use charges and such collector of sewerage system connection and use
charges may collect such charges in accordance with the provisions of the general statutes for the collection of property taxes. The municipality may recover any such charges
in a civil action against any person liable therefor. For the purpose of establishing or
revising such connection or use charges and for the purpose of collecting such charges
any municipality may enter into agreements with any water company or municipal water
department furnishing water in such municipality for the purchase from such water
company or municipal water department of information or services and such agreement
may designate such water company or municipal water department as a billing or collecting agent of the collector of sewerage system connection and use charges in the municipality. Any water company or municipal water department may enter into and fulfill
any such agreements and may utilize for the collection of such charges any of the methods utilized by it for the collection of its water charges.
(b) Any municipality, by resolution of its legislative body, may assign, for consideration, any and all liens filed by the tax collector or collector of sewerage system connection and use charges to secure unpaid sewerage connection and use charges as provided
under the provisions of this chapter. The consideration received by the municipality
shall be negotiated between the municipality and the assignee. The assignee or assignees
of such liens shall have and possess the same powers and rights at law or in equity as
such municipality and municipality's tax collector would have had if the lien had not
been assigned with regard to the precedence and priority of such lien, the accrual of
interest and the fees and expenses of collection. The assignee shall have the same rights
to enforce such liens as any private party holding a lien on real property, including, but
not limited to, foreclosure and a suit on the debt. Costs and reasonable attorneys' fees
incurred by the assignee as a result of any foreclosure action or other legal proceeding
brought pursuant to this section and directly related to the proceeding shall be taxed in
any such proceeding against each person having title to any property subject to the
proceedings. Such costs and fees may be collected by the assignee at any time after
demand for payment has been made by the assignee.
(1949 Rev., S. 745; 1949, S. 325d; P.A. 99-283, S. 3, 10.)
History: P.A. 99-283 designated existing provisions as Subsec. (a) and added new Subsec. (b) re assignment of liens,
effective July 1, 1999.
See chapter 205 re municipal tax liens generally.