CHAPTER 32
H.P. 910 - L.D. 1253
An Act to Amend the Charter of the Winterport Sewerage District
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Winterport Sewerage District immediately requires updated lien procedures in its charter; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. P&SL 1971, c. 143, §1 is amended to read:
Sec. 1. Incorporation. The territory and people comprising the Town of Winterport shall constitute a body politic and corporate under the name of the "Winterport Sewerage District" and referred to in this Act as "the district." The purpose of said the district shall be is to take over, control, manage and operate the sewers now owned by the Town of Winterport with all appurtenances thereto; to extend, increase, enlarge and improve said drains and sewers; to extend the present system so as to furnish sewerage facilities to portions of the town not now served with such facilities; to provide for surface drainage as well as removal of sewage and to provide for treatment of sewage in whole or in part before discharging it into rivers when, as and if such treatment becomes necessary; and generally to provide a system of sanitary sewerage and storm water drainage for public purposes and for the health and comfort and convenience of the inhabitants of said the district.
Sec. 2. P&SL 1971, c. 143, §2-A is enacted to read:
2-A. Transfer to title to drains to Town of Winterport. Title to all public drains, storm water drains, catch basins and other surface water or storm water facilities owned by the district is transferred to the Town of Winterport. Title to all sanitary and sewer drains and facilities of the district remains with the district. Notwithstanding any provisions in this charter to the contrary, the Town of Winterport is responsible for the construction, maintenance and operation of all public drains, storm water drains, catch basins and other surface water or storm water facilities within the district and the district is relieved of all such responsibility.
Sec. 3. P&SL 1971, c. 143, §20 is repealed and the following enacted in its place:
Sec. 20. Lien to secure payment of rates; procedure. When a rate, toll, rent or other charge has been committed to the treasurer of the Winterport Sewerage District for collection, the treasurer may, after the expiration of 3 months and within one year after the date when the charge became due and payable, give to the owner of the real estate served, or leave at the owner's last and usual place of abode, or send by certified mail, return receipt requested, to the owner's last known address a written notice signed by the treasurer or bearing the treasurer's facsimile signature stating the amount of that rate, toll, rent or other charge describing the real estate upon which the lien is claimed and stating that a lien is claimed to secure payment of the charge and demanding payment within 30 days after service or mailing of the notice plus $1 for the treasurer for mailing the notice together with the certified mail, return receipt requested fee. The notice must contain a statement that the district is willing to arrange installment payments of the outstanding debt. For the purpose of this section, a mobile home is defined as real estate. After the expiration of the 30-day period and within one year, the treasurer shall record in the Waldo County Registry of Deeds a certificate signed by the treasurer setting forth the amount of the rate, toll, rent or other charge, the real estate on which the lien is claimed, stating that a lien is claimed to secure payment of the charge and that notice and demand for payment of the charge has been given or made in accordance with the provisions of this section and that the charge remains unpaid. At the time of the recording of a certificate in the Registry of Deeds, the treasurer shall file in the office of the district a true copy of the certificate and mail a true copy of the certificate by certified mail, return receipt requested, to each record holder of any mortgage on the real estate, addressed to the record holder at the record holder's last and usual place of abode.
The filing of the certificate in the Registry of Deeds is deemed to create a mortgage on the real estate described in the deed for the district that has priority over all other mortgages, liens, attachments and encumbrances of any nature, except liens, attachments and claims for taxes, and gives to the district all the rights usually possessed by mortgagees, except that the district as mortgagee does not have a right to possession of the real estate until the right of redemption provided for has expired. If the mortgage, together with interest and costs, is not paid within 18 months after the date of filing of the certificate in the Registry of Deeds, the mortgage is deemed foreclosed and the right of redemption expired. The filing of the certificate in the Registry of Deeds is sufficient notice of the existence of the mortgage. If the rate, toll, rent or other charge, with interest and costs, is paid within the period of redemption, the treasurer of the district shall discharge the mortgage in the same manner as provided for discharge of real estate mortgages.
The cost to be paid by the owner of the real estate served is the sum of the fees for receiving, recording and indexing the lien, or its discharge, as established by the Maine Revised Statutes, Title 33, section 751, plus $13 and all certified mail, return receipt requested fees.
The district shall pay the treasurer $1 for filing the lien certificate and the amount paid for certified mail, return receipt requested fees. The fees for recording the lien certificate must be paid by the district to the Register of Deeds.
A discharge of the certificate given after the right of redemption has expired and has been recorded in the Registry of Deeds for more than one year terminates all title of the sewer district derived from that certificate or any other recorded certificate for which the right or redemption expired 10 years or more before the foreclosure date of this discharge lien, unless the sewer district has conveyed any interest based upon the title acquired from any of the affected liens.
Sec. 4. Emergency clause; referendum; effective date. In view of the emergency cited in the preamble, this Act takes effect when approved only for the purpose of permitting its submission to the legal voters within the district at a special or regular town meeting or election held prior to January 1, 1998. The election must be called, advertised and conducted according to the law relating to municipal elections, except that the registrar of voters is not required to prepare or the town clerk to post a new list of voters. The registrar of voters must be in session on the secular day next preceding the election. The town clerk shall prepare the required ballots, on which the town clerk shall reduce the subject matter of this Act to the following question:
"Do you favor amending the charter of the Winterport Sewerage District to conform its lien procedures to those used by sanitary districts and to require the Town of Winterport to be responsible for the construction, maintenance and operation of all public drains, storm water drains and catch basins in the district?"
The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the question.
The results must be declared by the municipal officers of the Town of Winterport and due certificate of the results filed by the town clerk with the Secretary of State.
This Act takes effect immediately upon its acceptance by a majority of the legal voters voting at the election.
Effective pending referendum.
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