Chap. 305.—An ACT to authorize the governing body of certain counties to levy
assessments upon property owners in sanitary districts in such counties for the
cost of certain public improvements, to prescribe procedure for the assess-
ment and collection of the costs so assessed, and to confer certain powers upon
the governing bodies of such counties in connection with the improvements
and the assessments so made. [S 232]

Approved March 29, 1944

Be it enacted by the General Assembly of Virginia:

1. Section 1. Additional powers as to sanitary districts given gov-
erning bodies of certain counties——In addition to any other power and
authority conferred upon it by any general or special law, the governing
body of any county adjoining any county in this State having a density
of population in excess of one thousand inhabitants per square mile is
authorized and empowered to levy assessments upon property owners
in any sanitary district in such county for all or any part of the cost of
constructing, reconstructing, extending, altering, maintaining and re-
pairing water and sewage systems and parts thereof for the use of such
sanitary districts, provided that the assessments so imposed shall not be
in excess of the peculiar benefits resulting therefrom to such property
owners.

Section 2. Initial Proceedings—Any improvement to be made
under and subject to the provisions of this act shall be ordered by a
resolution of the governing body of such county, which shall declare the
same to be of general benefit to the sanitary district and to the property
therein affected, and shall describe the improvement by indicating the
location by terminal points and route and by a general description of the
character of the improvement.

The resolution shall also state the proportion of the cost of the im-
provement that shall be assessed against property owners who will receive
a peculiar benefit therefrom together with a description of such property
in sufficient detail to identify the same, and shall set forth the rules that
shall be applied in determining the assessments to be made against such
property owners.

Section 3. Plans, Specifications, Estimates of Cost and Tentative
Assessment Roll.—As soon as practical after the passage of the resolu-
tion the governing body shall order the preparation of plans, specifica-
tions, and estimate of cost for the improvement ordered thereby. Such
estimate of cost shall include the costs of preliminary and other surveys,
land acquisition, legal services, preparation of plans and specifications,
printing and publishing of notices, construction, interest during con-
struction and otherwise chargeable, preparation of assessment rolls, col-
lection of assessments, and any other expenses necessary or proper in
conducting the proceedings and work herein provided for.

The governing body shall also order the preparation of a tentative
assessment roll showing the tentative apportionment of the estimated
cost as between the various properties subject to special assessments in
accordance with the provisions of the improvement resolution.

Upon completion of the preparation of plans, specifications, estimate
of cost and tentative assessment roll, a duplicate copy thereof shall be
filed with the clerk of the governing body and shall remain open to
public inspection:

Section 4. Notice of Hearing Upon Initial Resolution—The clerk.
upon filing with him of such plans, specifications, estimate of cost, and
tentative assessment roll, shall publish once in some newspaper having
general circulation tn the area a notice stating that at a meeting of the
governing body, or some committee thereof to whom the matter may
have been referred, on a certain day and hour, not earlier than ten days
from the date of such publication, the objections of all interested persons
to the confirmation of the resolution will be heard, which notice shall
state in brief and general terms a description of the proposed improve-
ment with the location thereof, and shall also state that plans, specifica-
tions, estimate of cost and tentative assessment roll thereof are on file
in the office of the clerk. Such notice shall also describe the property de-
clared to be peculiarly benefited by a description sufficient to identify the
property.

Section 5. Hearing on Initial Resolution—At the time named in
the notice, or to which an adjournment may be taken, the governing
body or committee thereof, as the case may be, shall receive the objections
of interested persons and then or as soon thereafter as is practical the
governing body shall repeal or confirm the resolution, with such amend-
ments, if any, as are desired by the governing body and which do not
cause any additional property to be assessed ; provided that if at or before
the time fixed in the notice, but not thereafter, persons making affidavit
of ownership of as much as ten per centum (10%) of the property to
be assessed as measured by its valuation as last assessed for general tax-
ation, shall pray the governing body to delay confirmation, such govern-
ing body shall not confirm the resolution prior to its next regular meet-
ing occurring not less than one week after the time named in the notice;
and provided further that if at any time before such confirmation the
owners of as much as fifty-one per centum (51%) of the property to
be assessed as measured by its valuation as last assessed for general
taxation, shall protest in writing against such confirmation, the govern-
ing body shall not then or thereafter confirm the resolution. For the
purpose of computing any percentage of interest in property as pro-
vided in this section, fifty-one per centum (51%) in interest of the
owner of an undivided interest in any property shall be treated as the
owner or owners of such property.

Section 6. Objections.—All objections to the improvement resolu-
tion on the ground that it contains items which cannot be properly
assessed against property, or that it is, for any default or defect in the
passage or character of the resolution or the plans, specifications or esti-
mate of cost, void or voidable in whole or in part, or that it exceeds the
power of the governing body, or that the assessment to be made will
exceed the aggregate peculiar benefits to the property to be assessed,
shall be made in writing, in person or by counsel, and filed with the
clerk at or before the time or adjourned time of such hearing. Any objec-
tions against the proposed construction not so made shall be considered
as waived, and if objections shall be made and overruled or shall not be
sustained, the confirmation of the resolution shall be the final adjudication
of the issues presented unless proper steps for an appeal to the circuit
court to secure relief are taken within ten days.

Section 7. Appropriation of Cost from Bonds or Otherwise.—Not-
withstanding the confirmation of the resolution ordering the improve-
ment, no contract for the performance of any work thereunder shall be
let and no notice shall be published calling for bids for such work and
no work shall be done unless and until, by the appropriation of moneys
available or to be available and not otherwise appropriated, there shall
be appropriated therefor an amount at least equal to the cost thereof as
estimated pursuant to section three of this act.

Section 8. Determination of Assessments.—All assessments made
under the provisions of this act shall be determined in proportion to the
peculiar benefits which will accrue to each property by virtue of the
improvement, and in no case shall any assessment be made in excess of
such peculiar benefits, nor shall any improvement made under this act
peculiarly benefit any property in a sum greater than the amount which,
together with all other assessments, if any, made under this act or any
other law against the same property within ten years preceding the
filing of the preliminary assessment roll, whether paid or unpaid or
partially paid, is equal to one hundred per cent of the value of such
property, including improvements thereon as determined from the as-
sessment rolls for general taxation last preceding the confirmation of the
resolution ordering the improvement; provided that in the case of any
property having no such assessed valuation for general taxation separate
from the valuation of a larger piece of property from which it was
carved, such value shall be estimated by the governing body for the pur-
poses of this section upon the basis of such assessed valuation of the
larger piece of property, and the special assessments made against such
property within such ten years shall be deemed to be that percentage of
the assessments against the larger piece of property which such estimated
value of such property shall bear to the assessed valuation of the larger
piece of property. '

All county, school board and other political subdivision property
which may receive a peculiar benefit from any improvement shall be
assessed in proportion to such benefit and such county, school board
and other political subdivision shall possess the same duties and liabilities
in respect to assessments made under this act which private owners of
real estate possesses or are subject to hereunder, and such property of the
county, school board and other political subdivision shall be subject to
liens for assessments in all cases when the same property would be sub-
ject had it at the time the lien attached been owned by a private owner.

The governing body shall have the further authority to defer the
assessment against any property which may not derive a peculiar benefit
by virtue of the improvement until it appears that the property in ques-
tion has become so peculiarly benefited.

If the owner or owners of any property assessed under the provisions
of this act and all those having any interest therein by way of mortgage
or other lien or leasehold rights or otherwise shall in writing request
that such assessments be divided so that a part of same shall be the as-
sessment on and constitute a lien on one portion of such property and
the remainder shall be the assessment on and constitute a lien or liens
against the remainder of such property or separate parts thereof, the
governing body, in its discretion, shall have power to divide such assess-
ments in accordance with such request, and thereafter the separate parts
of such assessment shall be the assessments and constitute separate liens
upon the parts of the property, respectively, into which the same shall
have been so divided; any resolution making such division shall recite a
finding of the governing body that such division is equitable and will not
impair the collectibility of any part of the assessment so divided.

Section 9. Preliminary Assessment Roll.—Promptly after the com-
pletion of the improvement, the governing body shall order the prepara-
tion of a preliminary assessment roll based upon the actual cost of the
improvement and in accordance with the provisions of the initial im-
provement resolution and when completed it shall be filed with the clerk.
The preliminary assessment roll shall contain the following :

(1) A description of the improvement in brief and general terms
with the location thereof by terminal points and routes ;

(2) The total cost of the improvement ;

(3) The amount and portion of the cost to be assessed against the
peculiarly benefited property ;

(4) A description of the property declared in the initial resolution
to be peculiarly benefited thereby together with the name of the owners
thereof, if known, the unit and rate of assessment and the amount of
the total assessment made against each property, the last preceding as-
sessed valuation of each property and the aggregate of all special assess-
ments made within the preceding ten (10) years for an improvement
made under this act whether paid or unpaid or partially paid.

_ Section 10. Notice of Hearing Upon Preliminary Assessment Roll.
—Upon the filing with the clerk of the preliminary assessment roll, the
clerk or the committee or officer of the governing body to whom the
matter has been referred, shall give notice of the amount of the assess-
ment to each of the property owners affected thereby and shall cite the
time and place that the property owners may appear before the govern-
ing body or any committee or officer thereof to whom the matter has
been referred, to show cause, if any there be, against such assessment.

Such notice may be given at least ten days before the time of the
hearing by personal service on all persons entitled to notice, except that
notice to an infant or insane person may be served on his guardian or
comniittee, and notice to a nonresident may be mailed to him at his place
of residence, or served on any agent of his having property in charge, or
on the tenant of the freehold, but in any case, the notice to all property
owners shall be given by publishing same in some newspaper having gen-
eral circulation in the area once a week for two successive weeks, the last
publication to be made at least ten days before the property owners are
cited to appear. Any property owner wishing to make objections to an
assessment may appear in person or by counsel, and state his objections.

Section 11. Hearing and Confirmation of Assessment Roll.—At the
time and place noted in such notice the governing body or committee or
officer thereof to whom the matter has been referred shall meet and re-
ceive the objections of all interested property owners as stated in such
notice. After the completion thereof the governing body shall either annul
or sustain or modify in whole or in part the prima facie assessment as
indicated on the roll, either by confirming the prima facie assessment
against all property described therein, or by cancelling, increasing or re-
ducing the same, according to the peculiar benefits which the governing
body decides each property has received or will receive on account of
such improvement. If any property has been omitted from the prelimi-
nary roll, or if the prima facie assessment has not been made against it,
the governing body may place on the roll an assessment on such property.
The governing body shall not confirm any assessment in excess of the
peculiar benefits to the property assessed, and the assessments so con-
firmed shall be in proportion to the peculiar benefits. The assessments so
made shall be final and conclusive as to each property affeeted thereby
unless proper steps are taken as hereinafter provided to secure relief.

Section 12. Appeal to Court.—If the objections of any property
owner are overruled, he shall, within thirty days thereafter, but not after-
wards, have an appeal as of right to the circuit court of the county. When
an appeal is taken the clerk of the governing body or committee or officer
thereof to whom the matter has been referred, shall immediately deliver
to the clerk of the court which has cognizance of the appeal the original
notice relating to the assessment, with the judgment of the governing
body, committee or officer, endorsed thereon and the clerk shall docket
the same. Such appeal shall be tried by the court or the judge thereof, in
a summary way, without pleadings in writing and without a jury, in term
or in vacation, after ten days’ notice to the adverse party, and the hearing
shall be de novo.

Section 13. Abatement or Reduction of Assessments.—The amount
of the special assessment against any property which may be abated or
reduced by the court, unless the assessment on all properties is abated,
may by resolution of the governing body be made chargeable against the
sanitary district at large, or, in the discretion of such body, a new assess-
ment roll may be prepared and confirmed in the manner hereinbefore
provided for the preparation and confirmation of the original assessment
roll.

Section 14. Payment of Assessments.——When the assessment roll
has been confirmed by the governing body, it shall be certified by it to
the treasurer of the county, who shall collect the assessments and be
accountable therefor, as in the case of other county taxes. Such assess-
ments shall be due and payable sixty (60) days after the date on which
the roll is certified by the governing body to the treasurer, but may, at the
discretion of such body, be divided into two or more but not exceeding
ten annual installments bearing interest at the rate of six per centum per
annum, the first installment of which shall be due and payable sixty (60)
days after the date on which the roll is certified by the governing body
to the treasurer ; provided that any assessment or installment may be paid
at any time before it is due, together with interest accrued thereon to the
date of payment. The treasurer shall maintain in his office a firmly bound
book, or books, wherein he shall cause to be recorded, immediately upon
receipt of the certified assessment roll, the name of the owner of each
property against which an assessment has been levied, a brief description
of the property affected thereby, and the amount of the assessment there-
on. He shall likewise record in that book any payment of, or an account
of, the assessment, unmediately upon receipt thereof, and upon the
written request of any person, which request shall designate the property
and the name of the owner thereof, the treasurer shall issue his certificate
showing the amount of the principal and interest then unpaid on the
assessment against such property.

Section 15. Enforcement of Collections——Upon default in the pay-
ment of such assessment, or any installment thereof, the property shall
not be sold as in the case of general land taxes which have become de-
linquent, but in lieu thereof, the treasurer, not later than thirty (30) days
after the date same has become due and payable, shall institute in his
own name, appropriate chancery proceedings to enforce the payment
thereof. |

From the date that the assessments have been certified to the treasurer,
such amount shall be a lien upon the property affected thereby, which lien
shall have priority over all other liens except that of county taxes
regularly assessed ; subject to the right of appeal and objections as here-
inbefore provided, and provided, that as against a purchaser for value
and without notice, such assessment shall not be a lien except and until
an abstract of such resolution is recorded in the judgment docket of the
clerk’s office in which deeds conveying real estate in the county are re-
quired by law to be recorded, showing the ownership and location of
property to be affected by the proposed improvement, and indexed in
the name of the county, and of the property owner. The liens of assess-
ments made under this act and attaching at different dates shall be co-
ordinate.

Section 16. Liberal Construction.—The purpose of this act being
to provide an economical. and equitable method by which water and
sewage systems may be constructed, it is hereby declared that no irregu-
larity or illegality in connection with any of the proceedings herein au-
thorized shall in any way affect the validity of the orders for improve-
ments or the contracts or the special assessments, unless such irregularity
or illegality substantially affects the rights of the county or its inhabitants
or the owners of property assessed for such improvements. If any part
or parts, section, subsection, sentence, clause, or phrase of this act is for
any reason declared unconstitutional, such decision shall not affect the
validity of the remaining portions of this act, which shall remain in
force as if such act had been passed with the unconstitutional part or
parts, section, subsection, sentence, clause or phrase thereof eliminated;
and the General Assembly hereby declares that it would have passed this
act if such unconstitutional part or parts, section, subsection, sentence,
clause or phrase had not been included herein.

2. Anemergency exists and this act is in force from its passage.