Town of Elkton

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CHAPTER 170

WATER AND

SEWERS

 

ARTICLE I

 General Provisions

§ 170-1. Sewer connection or sanitary closet required.

§ 170-2. Sanitary closet required for recreation or construction camp.

§ 170-3. Endangering drinking water by disposal of human excrement.

§ 170-4. Depositing human excrement upon ground.

§ 170-5. Indemnification of state highway department by Town.

ARTICLE II

 Water System

§ 170-6. Supervision and control.

§ 170-7. Responsibility for enforcement of local and state laws.

§ 170-8. Water connections; conditions.

§ 170-9. Separate connections and meters.

§ 170-10. Water connections inside and outside Town limits.

§ 170-11. [Repealed 1-15-2007].

§ 170-12. Unauthorized use of fireplug or hydrant.

§ 170-13. Right of entry of Town Manager.

§ 170-14. Bathing in reservoir.

§ 170-15. Pollution of reservoir.

§ 170-16. Unauthorized entry of reservoir enclosure.

§ 170-17. Obstruction of waterworks fixtures prohibited.

§ 170-18. Removing or injuring parts of water system prohibited.

§ 170-19. Opening pipes so as to waste water.

§ 170-20. Cross connections.

§ 170-21. Turning on water to house or private service.

§ 170-22. Water main construction.

ARTICLE III

Sewer System

§ 170-23. Definitions.

§ 170-24. Purposes of sanitary sewers.

§ 170-25. Sewer service outside the Town.

§ 170-26. Sewer connections to be in accordance with chapter.

§ 170-27. Sewer connection required; conditions.

§ 170-28. Application for sewer connection and sewer service.

§ 170-29. Connection charges within Town.

§ 170-30. Connection charges outside Town.

§ 170-31. Subdivisions inside Town.

§170-32. Sewer service to commercial users discharging chemicals.

§ 170-33. Discharge into house sewer prior to completion.

§ 170-34. Discharge of hot water into sewer.

§ 170-35. Connection of downspouts with sewer. [Amended 12-18-2000]

§ 170-36. Sewer connection cleanout services. [Amended 2-23-2005]

§ 170-37. Sewer main construction. [Amended 2-23-2005]

§ 170-38. Metering of water furnished by Water Department.

§ 170-39. Tampering with water meter.

§ 170-40. Collection of charges by Treasurer.

§ 170-41. Rates for water and sewer sold by town inside and outside the town. [Amended 10-21-1985; 5-18-1987]

§ 170-42. Meters reading; water and sewer bills; penalty; disputing correctness of bills; right of hearing and appeal.

ARTICLE V

Assessments for Local Improvements

§ 170-43. Adoption of procedures.

§ 170-44. Procedure for ordering improvements.

ARTICLE VI

 Enforcement

§ 170-45. Violations and penalties.

 

ARTICLE I

General Provisions

§ 170-1. Sewer connection or sanitary closet required.

It shall be unlawful for any house or other building to be used as a human habitation in the Town, to occupy or rent or lease the same for occupancy or to permit the same to be occupied, unless and until such house or building shall be properly connected with the Town sewer system, if available, or be provided with a sanitary closet connected with a sewer system or septic tank.

§ 170-2. Sanitary closet required for recreation or construction camp.

It shall be unlawful for any person to maintain or to rent or lease any recreation or construction camp or camping place for tourists or to use any building or tent for protracted meetings, until such camp, camping place, building or tent is supplied with sanitary closets connected with a sewer system or septic tank.

§ 170-3. Endangering drinking water by disposal of human excrement.

No person shall maintain or permit on premises owned by him or her, within the Town, any arrangement for the disposal of human excrement which may possibly endanger a source of drinking water or be accessible to flies or animals.

§ 170-4. Depositing human excrement upon ground.

No person shall deposit human excrement upon the surface of the ground or other place within the Town where it may be exposed to flies or animals.

§ 170-5. Indemnification of state highway department by Town. [Amended 12-18-2000]

In the event the Town obtains a permit from the Virginia Department of Highways for the purpose of installing, constructing, maintaining or operating its public works, along or over said

department's highway rights-of-way and a condition of such permit is that the Town shall indemnify the Commonwealth of Virginia for all damages and injuries to persons or property lawfully thereon, then the Town agrees to indemnify and save harmless said commonwealth from any loss, damage or injury a aforesaid.

ARTICLE II

Water System

§ 170-6. Supervision and control. [Amended 2-23-2005]

The water system of the Town shall be under the immediate supervision of the Town Manager, or his/her designated representative, and the Committee on Sewer and Water. The Town Manager or his/her designated representative shall exercise immediate control of the water system.

§ 170-7. Responsibility for enforcement of local and state laws.

The Committee on Sewers and Water shall see that all provisions of this chapter and other ordinances of the Town and state law, the general object of which is to safeguard public health against injurious effects arising from impurities, contamination, insanitary or other objectionable conditions affecting the water supply of the Town, are strictly enforced.

§ 170-8. Water connections; conditions. [Amended 2-23-2005]

All connections to the Town water system shall be made as provided in this chapter and only upon approval of the Town Manager or his/her designated representative. The owner of each lot or parcel of land which abuts a street or other public right-of-way which contains or is adjacent to an easement containing a water main or water system and upon which a building has been constructed for residential, commercial or industrial use, shall connect the building with the water main at the owner's expense in accordance with the provision of this chapter. The aforementioned shall not apply to an existing building now having an approved well. However, the well must be tested every year to ensure it meets Department of Health standards for drinking water. These tests must be filed with the Town, and if the well ever fails a test the owner may be required by Town Council to connect to public water.

§ 170-9. Separate connections and meters.

Each individual residence or property shall be required to have a separate connection and meter unless otherwise authorized by the Council.

§ 170-10. Water connections inside and outside Town limits. [Amended 1-15-2007]

    (a) The owner or his agent (the Applicant) of a parcel of land located within or without the corporate limits of the Town of Elkton may apply to the Director of Public Utilities of Elkton (the Director) for a permit to connect to the Town's potable water system. Prior to applying for a permit from the Town, if the Applicant's land lies outside the corporate limits of the Town of Elkton, the applicant shall obtain at least preliminary approval from the County of Rockingham for the development project. Preliminary approval may take whatever form is acceptable to both the County and the Director, and need not commit the County to final approval. Such evidence of County approval shall be submitted with the application to the Town. Water connection permit applications shall include (i) the estimated average daily demand, (ii) peak instantaneous demand, and (iii) fire flow demands.

    (b) Where the intended use of the Applicant's land is residential involving four (4) or fewer units, the Director shall either approve or reject the application. Where there is any other intended use the Director shall forward the permit application to the Planning Commission for its recommendation. After consideration by the Commission, the permit application shall be forwarded to the Town Council, with the recommendations of both the Commission and the Director for final approval or rejection.

    (c) Prior to acting on the application, for residential project of five (5) or more units, and for all other categories of projects, the Director shall require, and for residential projects of four (4) or fewer units the Director may require, that the Applicant submit appropriate engineering reports or studies that demonstrate the anticipated impact on the town's water system, along with any recommendations for changes or additions to the Town's infrastructure indicated because of the proposed new connections. All engineering studies and reports shall be paid for by the Applicant.

    (d) All infrastructure, whether it be an extension to a main, or a new service line or lateral, shall be installed in accordance with the Town's design and construction standards at the Applicant's expense. Once installed by the Applicant and accepted by the Director, water lines up the meter shall be the property of the Town. The Applicant shall provide all reasonably required easements, at the Applicant's expense.

    (e) Any permit issued under this provision shall expire if (i) construction on the unit for which it was issued is not commenced within three (3) months of the date of issuance, or (ii) if the building permit issued by Rockingham County is canceled or expires for any reason, but (iii) shall expire in any event at the expiration of eighteen (18) months after the date of issuance if the project is not completed. Once a permit expires a new permit must be obtained by filing a new permit application and paying all fees and charges at the then current rates.

    (f) Terms of this Section may be modified on a project by project basis only by the Town council acting to approve a contract with a specific developer by ordinance. Contracts between the Town and a specific developer already approved and signed prior to the date of enactment of this amended Section are hereby reaffirmed and ratified as if so approved.

    (g) Permits issued under this Section are non-transferable.

    (h) The Director may charge a reasonable fee to cover time and expenses of processing the application.

    (i) A "main" is a water line that serves more than one customer. A "service line" is a water line proceeding from a main that serves one customer.


§ 170-11. [Repealed 1-15-2007]
 

§ 170-12. Unauthorized use of fireplug or hydrant. [Amended 2-23-2005]

No person who is not a member of the Fire Company shall use or manipulate, unless by order of the Town Manager or his/her designated representative or Fire Chief, any of the fireplugs or hydrants of the Town.


§ 170-13. Right of entry of Town Manager. [Amended 2-23-2005]

Every person occupying a lot or tenement into which water is conveyed, from the Town water system, shall permit the Town Manager or his/her designated representative to enter such lot or tenement, at reasonable hours, to inspect the work therein or to see if the provisions of this chapter and other ordinances of the Town relative to the water system are being or have been violated.

§ 170-14. Bathing in reservoir.

No person shall bathe in the reservoir or springs of the Town water system.

§170-15. Pollution of reservoir.

No person shall deposit any offensive matter or any stick, mud or rubbish in the reservoir or springs of the Town water system. No person shall knowingly or willfully cast any dead animal or any other noxious substance or matter, or what is commonly known as "bait," into any of the streams, springs, reservoirs, or other sources of the Town water supply, nor drown and leave, or cause to be drowned and left, any animal therein, or do any other similar act by reason of which the health of any person is affected, or the water supply of the Town is rendered impure or offensive.

§ 170-16. Unauthorized entry of reservoir enclosure.

No person shall, without lawful authority, climb over or get through or break into the enclosure of the reservoir or springs of the Town water system.

§ 170-17. Obstruction of waterworks fixtures prohibited.

No person shall place any building material, rubbish or other matter at the stopcock, street main or service pipe or obstruct access to any fixture connected with the waterworks.

§ 170-18. Removing or injuring parts of water system prohibited.

No person shall remove or injure any pipe, fireplug, hydrant, cock or other part of the Town water system.

§ 170-19. Opening pipes so as to waste water.

No person shall open any pipe, fireplug, hydrant, cock or other part of the Town water system so as to waste water.

§ 170-20. Cross connections. [Amended 2-23-2005]

No person shall make or permit to be made to the Town water system or to any private waterline connected thereto, any connection from a private well, reservoir, spring or other private source of water supply, whether such connection be made on or off the property of such person; provided, however, that the Town Manager or his/her designated representative may allow such cross connection to be made, where in his or her judgment, no contamination of the Town water supply will result therefrom. In no case, however, shall any such cross connection be made, except under the authority of a written permit from the Town Manager or his/her designated representative, and except further in 'accordance with plans and specifications approved by the Town Manager or his/her designated representative. All such cross connections, where made, shall be inspected and approved from time to time by the proper officials of the Water Department of the Town. The Town Manager or his/her designated representative shall have power to revoke the permit allowing such cross connections at any time such cross connection does not pass inspection, or it is to the best interests of the public that such cross connection be discontinued.

§ 170-21. Turning on water to house or private service. [Amended 2-23-2005]

Water shall not be turned on in any house or private service except by the order of the Town Manager or his/her designated representative; provided, however, that this section shall not be construed to prohibit duly licensed and bonded plumbers from turning water into any such pipes to test same or for purposes of testing the plumbing connected thereto.

§ 170-22. Water main construction. [Amended 2-23-2005]

  • A. No new water system, or extensions, shall be constructed except in accordance with construction standards adopted by the Town Council of the Town of Elkton. Detailed plans of such system or such extension must be submitted to and written approval obtained from the Town Manager or his/her designated representative before any work may be done in connection with any such new system or extension.
  • B. A copy of all such standards adopted by the Town Council for water main construction or extension shall be maintained in the office of the Town Manager or his/her designated representative and be open to public inspection.
  • ARTICLE III

Sewer System

§ 170-23. Definitions.

For the purposes of this chapter, the following terms shall have the meanings indicated:

  • BOD — Biochemical oxygen demand.
  • DOMESTIC SEWAGE or HOUSE SEWAGE — Sewage or wastes of a character not in excess of 400 ppm of BOD, or not in excess of 600 ppm of suspended solids, either or both.
  • PPM — Parts per million gallons.
  • § 170-24. Purposes of sanitary sewers.

The system of sanitary sewers is for collecting, carrying and disposing of domestic sewage. It shall be unlawful to use the house sewer for any purpose other than the collecting, carrying and disposing of domestic sewage.

§ 170-25. Sewer service outside the Town.

The Town may furnish sewer service outside the Town limits if requested and approved by Council.

§ 170-26. Sewer connections to be in accordance with chapter. [Amended 2-23-2005]

All connections to the Town sewer system shall be made as provided in this chapter and only upon order of the Town Manager or his/her designated representative.

§ 170-27. Sewer connection required; conditions. [Amended 2-23-2005]

The owner of each lot or parcel of land which abuts a street or other public right-of-way which contains or is adjacent to an easement containing a sanitary sewer system which is a part of or may be served by such sewer system and upon which a building has been constructed for residential, commercial or industrial use shall connect the building with the sanitary sewer, provided that such owner can make such sewer connection within 150 feet of the premises and provided further that no person shall be required to cross the private property of any other person to make such connection. The aforementioned shall not apply to an existing building now having a serviceable septic tank. However, if said serviceable septic tank fails at any time to meet the applicable standards established by the Virginia Health Department, the owner shall also provide to the Town Council a written plan for bringing the septic tank back into compliance or apply for connection to the public sewer system within 15 days. Owners exempt from a sanitary sewer system connection, as described above, may be required to pay a connection fee, a front footage fee, and a monthly nonuser service charge imposed by the Town Council.

§ 170-28. Application for sewer connection and sewer service. [Amended 1-15-2007]

    (a) The owner or his agent (the Applicant) of a parcel of land located within or without the corporate limits of the Town of Elkton may apply to the Director of Public Utilities of Elkton (the Director) for a permit to connect to the Town's sanitary sewer system. Prior to applying for a permit from the Town, if the Applicant's land lies outside the corporate limits of the Town of Elkton, the applicant shall obtain at least preliminary approval from the County of Rockingham for the development project. Preliminary approval may take whatever form is acceptable to both the County and the Director, and need not commit the county to final approval. Such evidence of County approval shall be submitted with the application to the Town.

    (b) Where the intended use of the Applicant's land is residential involving four (4) or fewer units, the Director shall either approve or reject the application. Where there is any other intended use the Director shall forward the permit application to the Planning Commission for its recommendation. After consideration by the Commission, the permit application shall be forwarded to the Town Council, with the recommendation of both the Commission and the Director for final approval or rejection.

    (c) Prior to acting on the application, for residential projects of five (5) or more units, and for all other categories of projects, the Director shall require, and for residential projects of four (4) or fewer units the Director may require, that the Applicant submit appropriate engineering reports or studies that demonstrate the anticipated impact on the Town's sanitary sewer system, along with any recommendations for changes or additions to the Town's infrastructure indicated because of the proposed new connections. All engineering studies and reports shall be paid for by the Applicant.

    (d) All infrastructure, whether it be an extension to a main, or a new lateral, shall be installed in accordance with the Town's design and construction standards at the Applicant's expense. Once installed by the Applicant and accepted by the Director, sanitary sewer lines up to the laterals shall be the property of the Town. The applicant shall provide all reasonably required easements, at the Applicant's expense.

    (e) Any permit issued under this provision shall expire if (i) construction on the unit for which it was issued is not commenced within three (3) months of the date of issuance, or (ii) if the building permit issued by Rockingham County is canceled or expires for any reason, but (iii) shall expire in any event at the expiration of eighteen (18) months after the date of issuance if the project is not completed. Once a permit expires a new permit must be obtained by filing a new permit application and paying all fees and

    (f) Terms of this Section may be modified on a project by project basis only by the Town Council acting to approve a contract with a specific developer by ordinance. Contracts between the Town and a specific developer already approved and signed prior to the date of enactment of this amended Section are hereby reaffirmed and ratified as if so approved.

    (g) Permits issued under this Section are non-transferable.

    (h) The Director may charge a reasonable fee to cover time and expenses of processing the application.

    (i) A "main" is a sanitary sewer line that serves more than one customer. A "lateral" is a sanitary sewer line proceeding from a main that serves one customer.

 

§ 170-29. Connection charges within Town. [Amended 5-18-1987]

  • A. Before a connection to the Town sewer system is made within the Town, the applicant therefor shall pay to the Town Treasurer a connection fee in an amount determined by the Town Council. The Sewer Department shall run all sewer lines to the applicant's property line for a distance not to exceed 100 feet. If the distance exceeds 100 feet, the applicant shall pay all costs in excess of 100 feet; provided, however, that if the Town Council determines it to be in the best interests of the Town to extend existing sewer lines partly or wholly at Town expense, it may enter into agreements with individual, landowners or developers whereby such extensions of existing sewer lines shall be accomplished and the costs thereof shared as mutually agreed; or, in the proper case, the Town Council may resolve to extend the Town sewer system wholly at Town expense. In determining the best interests of the Town, the Council shall consider:
    • (1) The number of potential connections which such extension of the system might be expected to facilitate;
    • (2) The enhancement to the value or capability of the existing system that would result from such extension;
    • (3) The value of any easements that would be granted to the Town under such agreements;
    • (4) The potential for increased revenue from utility service charges and taxes that could be expected to result from future development made possible by extension of the sewer system; and
    • (5) The potential for increased employment opportunities and economic development that might reasonably be expected to follow such extension of the sewer system.
  • B. Notwithstanding the foregoing, the connection fee with respect to houses located within the Town and in existence on September 12, 1977, to which sewer service was not available on that date shall be $400 if application for connection is made and such fee is paid immediately upon receipt of notice by the property owner that sewer service is available. The Town Manager or his/her designated representative shall notify the owners of such existing houses by certified mail with return receipt when sewer service shall become available. [Amended 2-23-2005]
  • § 170-30. Connection charges outside Town. [Amended 5-18-1987; 12-18-2000]

Before a connection to the Town sewer system is made outside the Town, the applicant for a connection to the Town sewer system shall pay to the Town Treasurer a connection fee in an amount determined by the Town Council. Applicant shall install at his or her expense the connecting line to existing available Elkton sewer lines. The installation must meet Town requirements and becomes Town property when connected to the Town lines; provided, however, that if it is in the best interest of the Town to extend existing sewer line partly or wholly at Town expense, it may enter into agreements with individuals landowners or developers whereby such extensions of existing sewer lines shall be accomplished and the costs thereof shared as mutually agreed; or, in the proper case, the Town Council may resolve to extend the Town sewer system wholly at Town expense. In determining the best interests of the Town, the Council shall consider:

  • A. The number of potential connections which such extension of the system might be expected to facilitate;
  • B. The enhancement to the value or capability of the existing system that would result from such extension;
  • C. The value of any easements that would be granted to the Town under such agreements;
  • D. The potential for increased revenue from utility service charges and taxes that could be expected to result from future development made possible by extension of the sewer system; and
  • E. The potential for increased employment opportunities and economic development that might reasonably be expected to follow such extension of the sewer system.
  • § 170-31. Subdivisions inside Town.
  • A. In case of subdivisions inside the Town, the owner shall install all sewer mains at his or her own expense in the particular subdivision. Such installation shall be in accordance with the standards of the Town Sewer Department, which standards shall be on file in the office of the Town Manager or his/her designated representative. The sewer main shall be of a diameter determined by the Town and in no case less than six inches in diameter. [Amended 2-23-2005]
  • B. In addition to the requirements of Subsection A of this section, the individual home owner shall pay the regular sewer connection charges for the property.
  • C. After all sewer mains in a subdivision inside the Town have been installed to the satisfaction of the Town Manager or his/her designated representative, they shall become the property of the Town and shall be maintained by the Town. [Amended 2-23-2005]
  • §170-32. Sewer service to commercial users discharging chemicals.

Sewer service to commercial users, either within or without the Town, discharging chemicals into the sewer collecting system shall be a matter of negotiation between the commercial user and the Town Council.

§ 170-33. Discharge into house sewer prior to completion.

No discharge shall be made into any house sewer before it is completed and connected to the sewer main.

§ 170-34. Discharge of hot water into sewer.

Neither the exhaust, the blowoff, drip pipe or sediment from any boiler, nor the discharge of large volumes of hot water from any source, shall be discharged into the sewer. Such pipes may first discharge into a basin properly tapped and vented which, after being relieved of sediment, pressure or high temperature, may discharge into the Town sewer. Water over 130° F. shall not be admitted into the Town sewer. Any damage, such as a cracked sewer pipe, resulting from admitting water or sewage exceeding this temperature shall be repaired at the total expense of the violator.

§ 170-35. Connection of downspouts with sewer. [Amended 12-18-2000]

No downspout, basement or surface drain from any building or area shall be connected to any sanitary sewer.

§ 170-36. Sewer connection cleanout services. [Amended 2-23-2005]

Upon request, the Town will provide a cleanout service for private sewer connections in accordance with rules and regulations established by the Town Manager or his/her designated representative. A private sewer connection is determined to be the connection from the main line to the structure owned or occupied by the sewer service customer. When it is determined by the Town Manager or his/her designated representative that stoppage of the sewer connection is the responsibility of the customer, a special charge for these cleanout services shall be made in accordance with rates set and established by the Council. A copy of such schedule of rates and a copy of such rules and regulations shall be maintained in the office of the Town Manager or his/her designated representative and in the Treasurer' s office and shall be available for public inspection during working hours. Billing for sewer cleanout services shall be made and included on the customer' s water and sewer bill, and provisions relating to the imposition of penalties and termination of service for nonpayment set out elsewhere in this chapter shall be applicable to the sewer connection cleanout services charge.

§ 170-37. Sewer main construction. [Amended 2-23-2005]

  • A. No new sewerage system, or extensions, shall be constructed except in accordance with construction standards adopted by the Town Council. Detailed plans of such system or such extension must be submitted to and written approval obtained from the Town Manager or his/her designated representative before any work may be done in connection with any such new system or extension.
  • B. A copy of all such standards adopted by the Town Council for sewer main construction or extension shall be maintained in the office of the Town Manager or his/her designated representative and be open to public inspection.
  • ARTICLE IV

 Charges

§ 170-38. Metering of water furnished by Water Department.

All water furnished by the Water Department of the Town shall be, wherever practicable, measured by meters furnished and installed by the Town for that purpose. Such water meters shall be the property of the Town and shall be, unless otherwise authorized by the Town Superintendent, placed as near the curb line as possible and on property owned by the Town.

§ 170-39. Tampering with water meter.

No person shall tamper with a water meter, or use, or cause to be used, any device whatsoever, so as to injure the same, or as to prevent or interrupt the proper and accurate registering by it of the quantity of water from the Town water system used or supplied.

§ 170-40. Collection of charges by Treasurer.

The Town Treasurer shall collect all charges made for water and sewer service furnished and supplied by the Town to its consumers.

§ 170-41. Rates for water and sewer sold by town inside and outside the town. [Amended 10-21-1985; 5-18-1987]

Monthly charges for water and sewer furnished and supplied by the Town of Elkton shall be determined by the Town Council, and subject to rules and regulations adopted therewith.

§ 170-42. Meters reading; water and sewer bills; penalty; disputing correctness of bills; right of hearing and appeal.

  • A. All meters for measurement of water furnished and supplied by the town to its consumers shall be read monthly, weather permitting, and the bills for water so supplied and for sewer service provided shall become due on the day of reading. If any such bill is not paid by the 26th day of the month in which such bill is rendered, or within 10 days of the date such bill is mailed, whichever comes later, a 10% penalty shall be added. [Amended 12-17-1990]
  • B. It is the policy of the town to discontinue water and sewer service to customers by reason of nonpayment of a bill only after notice and meaningful opportunity to be heard on disputed bills. If any bill is not paid by the date specified in Subsection A of this section, a second bill will be mailed containing a cutoff notice that if the bill is not paid within five working days of the mailing of the second bill, service will be discontinued for nonpayment. [Amended 2-19-1996]
  • C. Any customer disputing the correctness of the bill shall have a right to a hearing at which time he or she may be represented in person and by counsel or any other person of his or her choosing and may present orally or in writing his or her complaint and contentions to the Town Treasurer at the Treasurer's office in the Municipal Building, Elkton, Virginia, during regular working hours. The Town Treasurer is authorized to order that the customer's service not be disconnected and to make a determination of the customer's complaint. Request for delays and waiver of payment will not be entertained; only questions of proper and correct billing will be considered. The decision of the Town Treasurer may be appealed within five working days to the Mayor, in writing, and the Mayor is authorized to make a final determination of the customer's complaint. [Amended 2-19-1996]
  • D. Notice of the customer's right to a hearing and appeal for the purpose of disputing the correctness of a bill as herein provided shall be given to all new customers applying for water and/or sewer service and shall be sent by regular mail with second bills and cutoff notices, which notices shall indicate the address and telephone number of the Town Treasurer where by a hearing may be requested.
  • ARTICLE V

Assessments for Local Improvements

§ 170-43. Adoption of procedures.

The following procedures for the imposition of taxes or assessments upon abutting property owners for making, improving, replacing or enlarging the walkways upon existing streets; for improving and paving existing alleys; for either the construction or the use of sanitary or storm water sewers, including retaining walls, curbs and gutters; for the construction, replacement or enlargement of sidewalks, waterlines, sanitary sewers or storm water sewers; for the construction or installation of canopies or other weather protective devices; for the installation of lighting in connection with the foregoing; and for permanent amenities, including but not limited to benches or waste receptacles, are hereby adopted.

§ 170-44. Procedure for ordering improvements.

Whenever any of the foregoing local improvements is desired, the same shall be done and the cost thereof shall be borne in accordance with the provisions of this chapter and the same shall be ordered done only as hereinafter set out:

  • A. Such work may be ordered done in pursuance of any agreement entered into between the town and the abutting property owner or property owners, whereby such abutting property owners shall agree to bear the expense, or a portion of the expense, of such construction or improvement to be apportioned among them.
  • B. In the absence of such agreement, such improvement may be ordered if the Council shall have received a petition from not less than % of the property owners to be affected thereby.
  • C. In the absence of such agreement or such petition, no such improvements will be ordered except at town's expense.
  • D. When the assessment or apportionment is not fixed by agreement, notice thereof, and of the amount so assessed or apportioned, shall be given each of the then abutting owners and he or she shall be cited thereby to appear before the Council not less than 10 days thereafter, at a time and place to be designated in said notice, to show cause, if any he or she can, against such assessment or apportionment.
  • E. The notice required by the preceding Subsection D may be given by personal service on all persons entitled to such notice, except that notice to an infant or insane person may be served on his or her guardian or committee and notice to a nonresident may be mailed to him or her at his or her place of residence or served on any agent of his or her having the property in charge, or on the tenant of the freehold, or in any case when the owner is a nonresident, or when the owner's residence is not known, such notice may be given by publication in some newspaper published or having general circulation in the town once a week for four successive weeks. Or, in any case, in lieu of such personal notice on the parties or their agents and of such publication, the notice to all parties may be given by publishing the same in some newspaper published or having general circulation in the Town of Elkton once a week for two successive weeks, the last publication to be made at least 10 days before the parties are cited to appear. Any property owner wishing to make objections to an assessment may appear in person or by counsel and state his or her objections.
  • F. If the objections of any property owner to the assessment or apportionment are overruled, and if he or she shall not within 30 days thereafter take an appeal to the Circuit Court upon the action of Council, the Council may direct that the work be proceeded with. If an appeal is taken, the Clerk of the Council shall immediately deliver to the Clerk of the Court the original notice relating to the assessment, with the judgment of the Council endorsed thereon.
  • G. The cost of any work done under the provisions of this chapter, when the same shall have been ascertained, shall be assessed or apportioned by the Council between the town and abutting property owners in accordance with the terms of any agreement between the town and such abutting property owners, or, in the absence of such agreement, in accordance with such terms as are fixed by Council; provided, however, that such taxes or assessments shall not be in excess of the peculiar benefits resulting from the improvements to such abutting property owner or owners; and no assessment for retaining walls shall be imposed upon any property owner who does not agree to such assessment.
  • H. The amount assessed against the abutting property owner or property owners under the provisions of this article shall not exceed ¥2 of the total cost of such improvement.
  • I. The amount assessed against each abutting property owner or for which he or she is liable by agreement shall be reported as soon as practicable to the Town Treasurer, who shall enter the same as provided for other taxes.
  • ARTICLE VI

Enforcement

§ 170-45. Violations and penalties.

It shall be an offense for any person to fail to abide by this article, and any person found guilty thereof shall be subject to a fine not to exceed $1,000 or imprisonment for a period not to exceed six months, or both. Each day any violation of this article shall continue shall constitute a separate offense.