TO: Mayor Colvin and Members of City Council
THRU: Lachelle H. Pulliam, City Attorney
FROM: Joy Haddock, Deputy Tax Collector, PWC
DATE: September 22, 2025
RE:Title
Appeal of Sewer Assessment - 3162 Bittersweet Drive, 28306Title
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COUNCIL DISTRICT(S):
Council District(s)
6
b
Relationship To Strategic Plan:
Goal I - The City of Fayetteville will be a highly desirable place to live, work and recreate.
Executive Summary:
On June 25, 2025, PWC received a Utility Assessment Appeal from property owners Winkler D. Oxendine and Lauren M. Brannon (Oxendine) regarding 3162 Bittersweet Drive, Fayetteville, NC 28306, pursuant to NCGS 105-381. The subject property is in Phase 5 Project Area 32 East, Section 1 and was listed on the assessment roll confirmed by City Council on February 10, 2025 for sewer service. The property owners do not want to connect to the sewer lateral because their septic lines have recently been replaced, and the sewer lateral will not be placed in front of their house. They argue that they should not have to pay the assessment until the property is connected to PWC sewer.
Under the statute, the governing body of the taxing unit must determine whether the taxpayer has a valid defense to the tax imposed or any part thereof. Based on the statute, it appears that the property owners do not have a valid defense to the enforcement of the collection of the tax assessed upon their property.
Background:
On January 13, 2025, the City Council held a public hearing on the assessment roll proposed for the extension of a sanitary sewer collection system to serve all or a portion of the Area 32 East Section 1. On February 10, 2025, City Council adopted a resolution confirming the Phase 5 Area 32 East Section 1 assessment roll and levying assessments.
PWC and the City entered into an agreement dated as of May 12, 2008 (and amended December 2009, May 2010, June 2012, June 2016 and May 2017), whereby PWC is to install water a...
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