§ 46-25-21.1 - Petition in superior court for relief from assessment. - Rhode Island Statutes

SECTION 46-25-21.1

   § 46-25-21.1  Petition in superior courtfor relief from assessment. – (a) Any person aggrieved on any ground whatsoever by any sewer use fee, charge,or assessment against him or her may within three (3) years after the first daydesignated for the payment of the sewer use fee, charge, or assessment, or thefirst installment thereof, if payable in installments, file an appeal with theNarragansett Bay water quality management district commission, and within sixty(60) days after a final decision of the commission appeal, where the person hastimely appealed the assessment, file a petition in the superior court for thecounty in which the property lies for relief from the sewer use fee, charge, orassessment, to which petition the commission shall be made a party respondent;provided, however, that all such appeals must be made no later than six (6)months after the person assessed the fee has transferred the property to athird party.

   (b) For the purpose of this section, an "aggrieved person"shall be the person who has been assessed the sewer use fee, charge orassessment that is being contested. The right to contest an assessment shall bepersonal to the person assessed and shall not be assignable or transferable.

   (c) This remedy shall be exclusive. Any person alleging anillegal, erroneous, incorrect, or void fee, charge, or assessment against himor her shall be confined to the remedies stated herein. No petition shall,before judgment, stay any proceedings for collecting the sewer use fee, charge,or assessment. The Narragansett Bay water quality management districtcommission may promulgate regulations to effectuate this provision and toeliminate frivolous appeals. No appeal shall be heard if the appeal is based onthe rates set by the public utilities commission.