For sewer service provided by localities, fees and charges may be charged toand collected from: (i) any person contracting for the same; (ii) the owner,lessee or tenant, or some or all of them who use or occupy any real estate(a) which directly or indirectly is or has been connected with the sewagedisposal system and (b) from or on which sewage or industrial wastesoriginate or have originated and have directly or indirectly entered or willenter the sewage disposal system; or (iii) any user of a municipality's wateror sewer system with respect to combined sanitary and storm water sewersystems where the user is a resident of the municipality and the purpose ofany such fee or charge is related to the control of combined sewer overflowdischarges from such systems. Such fees and charges shall be practicable andequitable and payable as directed by the respective locality operating orproviding for the operation of the water or sewer system.
Such fees and charges, being in the nature of use or service charges, shall,as nearly as the governing body deems practicable and equitable, be uniformfor the same type, class and amount of use or service of the sewage disposalsystem, and may be based or computed either on the consumption of water on orin connection with the real estate, making due allowances for commercial useof water, or on the number and kind of water outlets on or in connection withthe real estate or on the number and kind of plumbing or sewage fixtures orfacilities on or in connection with the real estate or on the number oraverage number of persons residing or working on or otherwise connected oridentified with the real estate or any other factors determining the type,class and amount of use or service of the sewage disposal system, or anycombination of such factors, or on such other basis as the governing body maydetermine. Such fees and charges shall be due and payable at such time as thegoverning body may determine, and the governing body may require the same tobe paid in advance for periods of not more than six months. The revenuederived from any or all of such fees and charges is hereby declared to berevenue of such sewage disposal system.
Water and sewer connection fees established by any locality shall be fair andreasonable. Such fees shall be reviewed by the locality periodically andshall be adjusted, if necessary, to assure that they continue to be fair andreasonable. Nothing herein shall affect existing contracts with bondholderswhich are in conflict with any of the foregoing provisions.
If the fees and charges charged for the use and services of the sewagedisposal system by or in connection with any real estate are not paid whendue, a penalty and interest shall at that time be owed as provided for bygeneral law, and the owner, lessee or tenant, as the case may be, of suchreal estate shall, until such fees and charges are paid with such penalty andinterest to the date of payment, cease to dispose of sewage or industrialwaste originating from or on such real estate by discharge thereof directlyor indirectly into the sewage disposal system. If such owner, lessee ortenant does not cease such disposal within two months thereafter, thelocality or person supplying water for the use of such real estate shallcease supplying water thereto unless the health officers certify thatshutting off the water will endanger the health of the occupants of thepremises or the health of others.
Such fees and charges, and any penalty and interest thereon shall constitutea lien against the property, ranking on a parity with liens for unpaid taxes.However, prior to recording a lien against the property owner, the localityor service authority shall obtain a judgment in a court of competentjurisdiction against the lessee or tenant who contracted for such servicesfor the amount of any delinquencies. After obtaining judgment against thelessee or tenant as contracting party and using reasonable efforts to collecton the judgment, if the locality or service authority is unable to collectthe balance due on the money judgment, the locality or service authorityshall provide the property owner with 30 days written notification to allowthe property owner a reasonable opportunity to pay the amount of the lien andavoid the recordation of a lien against the property. If the property ownerfails to pay the amount of the outstanding judgment within the 30-day period,the locality or the service authority may record a lien in the amount of theoutstanding judgment against the property owner. Upon payment of theoutstanding judgment, or any portion thereof, the property owner shall besubrogated against the lessee or tenant in place of the locality or theservice authority in the amount paid by the property owner. The locality orservice authority shall execute all documents necessary to perfect suchsubrogation in favor of the property owner. Such amounts, plus reasonableattorney's or collection agency's fees which shall not exceed 20 percent ofthe delinquent tax bill, may be recovered by the locality by action at law orsuit in equity. In any city with a population greater than 390,000, such feesand charges, along with delinquent water and sewer connection fees, and anypenalty and interest thereon shall constitute a lien against the property,ranking on a parity with liens for unpaid taxes. Such amounts, plusreasonable attorney's or collection agency's fees which shall not exceed 20percent of the delinquent fee or charge, may be recovered by such city byaction at law or suit in equity.
Notwithstanding any provision of law to the contrary, any town with apopulation between 11,000 and 14,000, with the concurrence of the affectedcounty, which provides and operates sewer services outside its boundaries mayprovide sewer services to industrial and commercial users outside itsboundaries and collect such compensation therefor as may be contracted forbetween the town and such user. Such town shall not thereby be obligated toprovide sewer services to any other users outside its boundaries.
(Code 1950, § 15-739.2; 1950, p. 1611; 1962, c. 623, § 15.1-321; 1991, c.476; 1994, c. 932; 1997, cc. 12, 587; 1998, c. 223; 2001, c. 13; 2005, c.912.)
For sewer service provided by localities, fees and charges may be charged toand collected from: (i) any person contracting for the same; (ii) the owner,lessee or tenant, or some or all of them who use or occupy any real estate(a) which directly or indirectly is or has been connected with the sewagedisposal system and (b) from or on which sewage or industrial wastesoriginate or have originated and have directly or indirectly entered or willenter the sewage disposal system; or (iii) any user of a municipality's wateror sewer system with respect to combined sanitary and storm water sewersystems where the user is a resident of the municipality and the purpose ofany such fee or charge is related to the control of combined sewer overflowdischarges from such systems. Such fees and charges shall be practicable andequitable and payable as directed by the respective locality operating orproviding for the operation of the water or sewer system.
Such fees and charges, being in the nature of use or service charges, shall,as nearly as the governing body deems practicable and equitable, be uniformfor the same type, class and amount of use or service of the sewage disposalsystem, and may be based or computed either on the consumption of water on orin connection with the real estate, making due allowances for commercial useof water, or on the number and kind of water outlets on or in connection withthe real estate or on the number and kind of plumbing or sewage fixtures orfacilities on or in connection with the real estate or on the number oraverage number of persons residing or working on or otherwise connected oridentified with the real estate or any other factors determining the type,class and amount of use or service of the sewage disposal system, or anycombination of such factors, or on such other basis as the governing body maydetermine. Such fees and charges shall be due and payable at such time as thegoverning body may determine, and the governing body may require the same tobe paid in advance for periods of not more than six months. The revenuederived from any or all of such fees and charges is hereby declared to berevenue of such sewage disposal system.
Water and sewer connection fees established by any locality shall be fair andreasonable. Such fees shall be reviewed by the locality periodically andshall be adjusted, if necessary, to assure that they continue to be fair andreasonable. Nothing herein shall affect existing contracts with bondholderswhich are in conflict with any of the foregoing provisions.
If the fees and charges charged for the use and services of the sewagedisposal system by or in connection with any real estate are not paid whendue, a penalty and interest shall at that time be owed as provided for bygeneral law, and the owner, lessee or tenant, as the case may be, of suchreal estate shall, until such fees and charges are paid with such penalty andinterest to the date of payment, cease to dispose of sewage or industrialwaste originating from or on such real estate by discharge thereof directlyor indirectly into the sewage disposal system. If such owner, lessee ortenant does not cease such disposal within two months thereafter, thelocality or person supplying water for the use of such real estate shallcease supplying water thereto unless the health officers certify thatshutting off the water will endanger the health of the occupants of thepremises or the health of others.
Such fees and charges, and any penalty and interest thereon shall constitutea lien against the property, ranking on a parity with liens for unpaid taxes.However, prior to recording a lien against the property owner, the localityor service authority shall obtain a judgment in a court of competentjurisdiction against the lessee or tenant who contracted for such servicesfor the amount of any delinquencies. After obtaining judgment against thelessee or tenant as contracting party and using reasonable efforts to collecton the judgment, if the locality or service authority is unable to collectthe balance due on the money judgment, the locality or service authorityshall provide the property owner with 30 days written notification to allowthe property owner a reasonable opportunity to pay the amount of the lien andavoid the recordation of a lien against the property. If the property ownerfails to pay the amount of the outstanding judgment within the 30-day period,the locality or the service authority may record a lien in the amount of theoutstanding judgment against the property owner. Upon payment of theoutstanding judgment, or any portion thereof, the property owner shall besubrogated against the lessee or tenant in place of the locality or theservice authority in the amount paid by the property owner. The locality orservice authority shall execute all documents necessary to perfect suchsubrogation in favor of the property owner. Such amounts, plus reasonableattorney's or collection agency's fees which shall not exceed 20 percent ofthe delinquent tax bill, may be recovered by the locality by action at law orsuit in equity. In any city with a population greater than 390,000, such feesand charges, along with delinquent water and sewer connection fees, and anypenalty and interest thereon shall constitute a lien against the property,ranking on a parity with liens for unpaid taxes. Such amounts, plusreasonable attorney's or collection agency's fees which shall not exceed 20percent of the delinquent fee or charge, may be recovered by such city byaction at law or suit in equity.
Notwithstanding any provision of law to the contrary, any town with apopulation between 11,000 and 14,000, with the concurrence of the affectedcounty, which provides and operates sewer services outside its boundaries mayprovide sewer services to industrial and commercial users outside itsboundaries and collect such compensation therefor as may be contracted forbetween the town and such user. Such town shall not thereby be obligated toprovide sewer services to any other users outside its boundaries.
(Code 1950, § 15-739.2; 1950, p. 1611; 1962, c. 623, § 15.1-321; 1991, c.476; 1994, c. 932; 1997, cc. 12, 587; 1998, c. 223; 2001, c. 13; 2005, c.912.)
For sewer service provided by localities, fees and charges may be charged toand collected from: (i) any person contracting for the same; (ii) the owner,lessee or tenant, or some or all of them who use or occupy any real estate(a) which directly or indirectly is or has been connected with the sewagedisposal system and (b) from or on which sewage or industrial wastesoriginate or have originated and have directly or indirectly entered or willenter the sewage disposal system; or (iii) any user of a municipality's wateror sewer system with respect to combined sanitary and storm water sewersystems where the user is a resident of the municipality and the purpose ofany such fee or charge is related to the control of combined sewer overflowdischarges from such systems. Such fees and charges shall be practicable andequitable and payable as directed by the respective locality operating orproviding for the operation of the water or sewer system.
Such fees and charges, being in the nature of use or service charges, shall,as nearly as the governing body deems practicable and equitable, be uniformfor the same type, class and amount of use or service of the sewage disposalsystem, and may be based or computed either on the consumption of water on orin connection with the real estate, making due allowances for commercial useof water, or on the number and kind of water outlets on or in connection withthe real estate or on the number and kind of plumbing or sewage fixtures orfacilities on or in connection with the real estate or on the number oraverage number of persons residing or working on or otherwise connected oridentified with the real estate or any other factors determining the type,class and amount of use or service of the sewage disposal system, or anycombination of such factors, or on such other basis as the governing body maydetermine. Such fees and charges shall be due and payable at such time as thegoverning body may determine, and the governing body may require the same tobe paid in advance for periods of not more than six months. The revenuederived from any or all of such fees and charges is hereby declared to berevenue of such sewage disposal system.
Water and sewer connection fees established by any locality shall be fair andreasonable. Such fees shall be reviewed by the locality periodically andshall be adjusted, if necessary, to assure that they continue to be fair andreasonable. Nothing herein shall affect existing contracts with bondholderswhich are in conflict with any of the foregoing provisions.
If the fees and charges charged for the use and services of the sewagedisposal system by or in connection with any real estate are not paid whendue, a penalty and interest shall at that time be owed as provided for bygeneral law, and the owner, lessee or tenant, as the case may be, of suchreal estate shall, until such fees and charges are paid with such penalty andinterest to the date of payment, cease to dispose of sewage or industrialwaste originating from or on such real estate by discharge thereof directlyor indirectly into the sewage disposal system. If such owner, lessee ortenant does not cease such disposal within two months thereafter, thelocality or person supplying water for the use of such real estate shallcease supplying water thereto unless the health officers certify thatshutting off the water will endanger the health of the occupants of thepremises or the health of others.
Such fees and charges, and any penalty and interest thereon shall constitutea lien against the property, ranking on a parity with liens for unpaid taxes.However, prior to recording a lien against the property owner, the localityor service authority shall obtain a judgment in a court of competentjurisdiction against the lessee or tenant who contracted for such servicesfor the amount of any delinquencies. After obtaining judgment against thelessee or tenant as contracting party and using reasonable efforts to collecton the judgment, if the locality or service authority is unable to collectthe balance due on the money judgment, the locality or service authorityshall provide the property owner with 30 days written notification to allowthe property owner a reasonable opportunity to pay the amount of the lien andavoid the recordation of a lien against the property. If the property ownerfails to pay the amount of the outstanding judgment within the 30-day period,the locality or the service authority may record a lien in the amount of theoutstanding judgment against the property owner. Upon payment of theoutstanding judgment, or any portion thereof, the property owner shall besubrogated against the lessee or tenant in place of the locality or theservice authority in the amount paid by the property owner. The locality orservice authority shall execute all documents necessary to perfect suchsubrogation in favor of the property owner. Such amounts, plus reasonableattorney's or collection agency's fees which shall not exceed 20 percent ofthe delinquent tax bill, may be recovered by the locality by action at law orsuit in equity. In any city with a population greater than 390,000, such feesand charges, along with delinquent water and sewer connection fees, and anypenalty and interest thereon shall constitute a lien against the property,ranking on a parity with liens for unpaid taxes. Such amounts, plusreasonable attorney's or collection agency's fees which shall not exceed 20percent of the delinquent fee or charge, may be recovered by such city byaction at law or suit in equity.
Notwithstanding any provision of law to the contrary, any town with apopulation between 11,000 and 14,000, with the concurrence of the affectedcounty, which provides and operates sewer services outside its boundaries mayprovide sewer services to industrial and commercial users outside itsboundaries and collect such compensation therefor as may be contracted forbetween the town and such user. Such town shall not thereby be obligated toprovide sewer services to any other users outside its boundaries.
(Code 1950, § 15-739.2; 1950, p. 1611; 1962, c. 623, § 15.1-321; 1991, c.476; 1994, c. 932; 1997, cc. 12, 587; 1998, c. 223; 2001, c. 13; 2005, c.912.)
