Substitute House Bill No. 5489
          Substitute House Bill No. 5489

              PUBLIC ACT NO. 98-188


AN   ACT  CONCERNING   SUBDIVISIONS,   WITHHOLDING
BUILDING APPROVAL WHEN  WATER  AND  SEWER FEES ARE
DELINQUENT,  FIRE  INSURANCE   PROCEEDS  AND  FIRE
SPRINKLERS.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section 1. Subsection  (d) of section 8-26c of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (d)  Notwithstanding the  provisions  of  this
section, any subdivision  approval made under this
section on or before October 1, 1991, shall expire
not more than  seven  years  from the date of such
approval and the  commission may grant one or more
extensions of time  to complete all or part of the
work in connection with such subdivision, provided
the time for  all extensions under this subsection
shall not exceed  ten  years  from  the  date  the
subdivision was approved. If the subdivider or his
successor  in interest  submits  evidence  to  the
commission  that completion  of  the  project  was
delayed because of a state or federal construction
project, the approval  shall  expire not more than
ten years from  the  date of such approval and the
commission may grant  one  or  more  extensions of
time to complete  all  or  part  of  the  work  in
connection  with such  subdivision,  provided  the
time for all  extensions  shall not exceed fifteen
years from the  date the subdivision was approved.
IF THE SUBDIVIDER  OR  HIS  SUCCESSOR  IN INTEREST
PREVAILS  IN  AN  APPEAL  OF  A  DECISION  OF  THE
COMMISSION ON THE  SUBDIVISION  UNDER SECTION 8-8,
THE TIME TO  COMPLETE  THE  SUBDIVISION  SHALL  BE
TOLLED FOR THE  TIME  OF SUCH APPEAL AND UNTIL THE
COMMISSION IMPLEMENTS THE JUDICIAL DECISION.
    Sec. 2. Subdivision  (2)  of subsection (c) of
section 7-148 of  the general statutes is repealed
and the following is substituted in lieu thereof:
    (2)  (A)  Establish   and  maintain  a  budget
system;
    (B) Assess, levy and collect taxes for general
or special purposes  on  all property, subjects or
objects which may  be lawfully taxed, and regulate
the mode of assessment and collection of taxes and
assessments not otherwise  provided for, including
establishment of a  procedure  for the withholding
of approval of  building application when taxes OR
WATER  OR  SEWER  RATES,  CHARGES  OR  ASSESSMENTS
IMPOSED BY THE MUNICIPALITY are delinquent for the
property for which an application was made;
    (C) Make appropriations for the support of the
municipality and pay its debts;
    (D) Make appropriations  for  the  purpose  of
meeting a public  emergency threatening the lives,
health  or property  of  citizens,  provided  such
appropriations shall require  a  favorable vote of
at least two-thirds  of  the  entire membership of
the legislative body or, when the legislative body
is the town  meeting, at least two-thirds of those
present and voting;
    (E)    Make   appropriations    to    military
organizations, hospitals, health  care facilities,
public  health  nursing  organizations,  nonprofit
museums  and  libraries,  organizations  providing
drug abuse and  dependency  programs and any other
private organization performing a public function;
    (F) Provide for  the manner in which contracts
involving unusual expenditures shall be made;
    (G)  When  not   specifically   prescribed  by
general statute or  by charter, prescribe the form
of proceedings and  mode of assessing benefits and
appraising damages in  taking land for public use,
or in making  public  improvements to be paid for,
in whole or  in  part, by special assessments, and
prescribe  the  manner   in   which  all  benefits
assessed shall be collected;
    (H)  Provide  for  the  bonding  of  municipal
officials or employees by requiring the furnishing
of such bond, conditioned upon honesty or faithful
performance  of duty  and  determine  the  amount,
form, and sufficiency of the sureties thereof;
    (I) Regulate the method of borrowing money for
any purpose for  which  taxes  may  be  levied and
borrow on the faith and credit of the municipality
for such general  or  special purposes and to such
extent as is authorized by general statute;
    (J) Provide for  the  temporary  borrowing  of
money;
    (K) Create a  sinking fund or funds or a trust
fund or funds  or  other  special funds, including
funds  which do  not  lapse  at  the  end  of  the
municipal fiscal year;
    (L) Provide for  the  assignment  of municipal
tax  liens  on   real   property   to  the  extent
authorized by general statute.
    Sec.   3.   The    provisions    of    Section
19-13-B38a(c)(2)(I)   of   the    regulations   of
Connecticut state agencies,  adopted  pursuant  to
section   19a-37a   of   the   general   statutes,
concerning  requirements  for  installation  of  a
reduced pressure principle  backflow  preventer or
an air gap on a line to an existing fire sprinkler
system, shall be effective July 1, 1999.
    Sec.  4.  Section   49-73b   of   the  general
statutes, as amended  by  section  6 of public act
97-320,  is  repealed   and   the   following   is
substituted in lieu thereof:
    (a)  Any  municipality   which   has  incurred
expenses for the  inspection,  repair, demolition,
removal or other disposition of any real estate in
order to secure  such  real  estate  or to make it
safe shall have the right to recover such expenses
from the owner  of  the real estate for which such
expenses were incurred.
    (b) The interest  of  each person in such real
estate shall be  subject to a lien for the payment
of such expenses, which lien shall take precedence
over any other  encumbrance  except  municipal tax
assessments on such  real  estate.  No  such  lien
shall be valid,  unless  the  municipality, within
thirty days after  such  work  has ceased, files a
certificate of such  lien  and gives notice to the
owner of the  real  estate  in  the same manner as
provided in section 49-34.
    (c)  The  interest   of  each  person  in  the
proceeds of any  policy providing [fire] insurance
coverage issued by an insurance company FOR A LOSS
TO A COVERED  RESIDENTIAL OR COMMERCIAL STRUCTURE,
including  any  policy  written  pursuant  to  the
provisions of section 38a-670, shall be subject to
a lien on  such proceeds for the expenses incurred
by a municipality  pursuant  to  the provisions of
subsection  (a) of  this  section,  provided  such
municipality, within thirty  days  after such work
has ceased, files  a  certificate of such lien and
gives notice to such interested person in the same
manner as provided in section 49-34.
    (d) Any municipal  lien  filed pursuant to the
provisions of this  section  may  be foreclosed in
the same manner as a mortgage.
    (e) Any certificate  of lien filed pursuant to
this section shall  exist  from  the fifteenth day
succeeding the date  of  entry of such certificate
in the land records.
    (f) Any municipal  lien filed pursuant to this
section may be  discharged  or  dissolved  in  the
manner  provided  in  sections  49-35a  to  49-37,
inclusive.
    (g) Nothing in  this  section shall prevent an
insured  owner,  mortgagee,   assignee   or  other
interested party from negotiating a dissolution of
any such lien  on  the  [fire] insurance proceeds,
enabling the insurance  company  to  disburse said
proceeds.
    (h) The provisions  of  this section shall not
apply to policies  on  single-family or two-family
dwellings.
    Sec. 5. This  act  shall  take effect from its
passage except that  section  2  shall take effect
October 1, 1998,  and  section  4  shall  apply to
liens filed on and after July 1, 1997.

Approved June 4, 1998