Title 9. Water, Ice, and Sanitary Facilities — Subtitle 7. Regulation by Municipalities and Political Subdivisions

The mayor and council of a municipality;

The town commissioners of a municipality; or

Any other governing body of a municipality.

A water supply system;

A sewerage system;

A drainage system; or

A refuse disposal system.

The Secretary;

The Washington Suburban Sanitary Commission;

The Anne Arundel County Sanitary Commission;

The Baltimore County Metropolitan District; or

Baltimore City.

Land;

Structures;

Buildings;

Watercourses;

Water rights; and

Any privately owned system;

Preliminary work;

Setting compensation for and appointing a workforce; and

Entering a highway to work on a system, water main, sewer, drain, or related equipment, if the municipal authority:

The amount of the award;

All costs to date; and

All taxes to date.

May extend, alter, maintain, or operate the acquired system together with the municipal system;

Shall subject the property served by the acquired system to the same benefit assessment as property served by the municipal system;

May compensate any owner of property served by the acquired system for any payment by the property owner toward the construction of the acquired system; and

Shall subject an owner or the agent of the owner of property served by the acquired system to the same rules, regulations, and penalties as any owner or the agent of the owner of property served by the municipal system.

Construct and provide at its own expense for any water main or sanitary sewer constructed or established under Part II of this subtitle, a water service pipe or sewer connection that extends from the water main or sewer to the property line of each lot that abuts on a street or right-of-way in which the water main or sewer is laid; and

When the municipal authority declares that a water main or sewer is complete and ready for use, notify each owner of abutting property that the owner shall:

Cesspool;

Drain;

Privy; or

Well that is determined by the municipal authority to be polluted or a menace to health.

After notice from the municipal authority, if a property owner in Frederick County fails to comply with the provisions of this section, the municipal authority may:

For purposes of this subsection, the costs:

Give the person in control of the structure notice of the obstruction; and

Order the person in control of the structure to take any action necessary, within a time specified in the order, to enable the work to continue.

The person intending to lay the pipe or conduit submits to the municipal authority an adequate plan for the installation, including the size, type, and location of any pipe or conduit to be laid; and

The municipal authority approves the plan.

Give the person reasonable notice of the violation; and

Order the person to remove or readjust any pipe or conduit within a time specified in the order.

Design;

Construction;

Extension;

Alteration;

Purchase; or

Condemnation.

May be issued without previous legislative authority;

May be outstanding in addition to the total indebtedness otherwise permitted by law;

May be of any type and denomination determined by the municipal authority, so long as no bonds mature later than 50 years from the date of issue;

Shall be exempt forever from any State, county, or municipal taxation; and

Shall be a lien on all property within the municipality that issues them.

Before issuing bonds under Part II of this subtitle, a municipal authority shall submit to a referendum of the voters of the municipality the question of whether to issue the bonds.

The referendum shall be held at:

The referendum ballot shall include the words “for ... bonds” and “against ... bonds”.

If a majority of the votes cast are “for ... bonds”, the municipal authority may issue the bonds.

If a majority of the votes cast are “against ... bonds”, the municipal authority:

Sufficient to pay:

Treated the same as any other municipal tax in every respect, including as to:

Each person involved in the levy or collection of the taxes shall perform the duties promptly and properly.

A person may not use any funds collected under this section for any purpose other than the payment of principal and interest on the bonds.

Classify any property according to its use;

Determine a fair and reasonable frontage length for:

Change the classifications or the front–foot assessment rates from year to year, but the rate for all property assessed in the municipality for any year shall be uniform within each classification.

The municipal authority shall notify each owner of assessed property in writing as to:

The classification of the property and the benefit charges assessed against the property shall be final, subject only to modification at the hearing.

The benefit charges are in default if not paid within 60 days after the date of levy.

The levy bears interest at the rate of 1 percent a month for each month after the time the benefit charges are in default.

The front–foot assessment charges are a first lien on the assessed property, subject only to prior State and county charges.

The municipal authority may enforce the lien by filing in an appropriate court a complaint for a judgment against the property owner and for execution on the judgment.

To pay all or part of the principal and interest on bonds issued under Part II of this subtitle; and

To pay for the cost of maintenance, repair, and operation, including overhead expenses and depreciation allowance, of systems constructed under Part II of this subtitle.

Chargeable against all property served by any system under the ownership of the municipal authority; and

Collectible against the owner of the property served, in the same manner as other debts are collectible at law.

The time for payment; and

The penalties for nonpayment.

Refuse to grant entry to any representative of the municipal authority who asks to enter on private property or into a building under this section; or

Interfere with the carrying out of any official duty of any representative of any municipal authority under this section.

A county;

A commission;

A district; or

A municipal corporation; and

Invalidate any procedures initiated or completed by any political subdivision before June 1, 1972; or

Limit or modify any provision of any general or local law effective before June 1, 1972.

Establish a reasonable charge that is not less than the actual cost, payable to the political subdivision, for connection with a water or sewerage system; and

Set an annual assessment, payable to the political subdivision, on all property, improved or unimproved, that abuts on any street, road, lane, alley, or right-of-way in which there is a water main or sewer.

Maintenance, repair, and operation of any water or sewerage system; and

Payment of all or part of the principal and interest on any indebtedness that is incurred to finance any water or sewerage system.

Be based on estimates of the amount of water used by the types of users specified in the rates; and

Consist of:

At its own expense, the political subdivision shall place a meter on each water connection.

If the political subdivision does not have meters available to install in all property that is connected to the system in a locality, the political subdivision shall charge a flat rate to all property in which meters are not installed.

The political subdivision shall send bills for water service to the property, the property owner, or the property owner’s designee for each property served on a monthly, every other month, quarterly, or semiannual basis.

The bills are payable at the office of the political subdivision on receipt.

If any bill remains unpaid after 30 days from the date the bill is sent, the political subdivision shall:

If any bill remains unpaid after 60 days from the date of sending the notice:

This subsection applies only to property subject to a condominium regime established under Title 11 of the Real Property Article.

Notwithstanding any other law, if the political subdivision directly bills the governing body of a condominium or a person designated by the governing body of a condominium for water or sewer usage charges for all or a portion of the units in a condominium property, and a charge is in default for at least 60 days, the political subdivision shall post notice conspicuously at or near the entry to the common area of the condominium.

The political subdivision may enter onto the common area of a condominium property at a reasonable time to post the notice required under this subsection.

Select a reasonable basis for imposing the sewer service charge; and

Collect the sewer service charge once, twice, or four times a year.

The bill shall be collectible from the owner of the property served in the same manner and subject to the same interest as taxes are collectible in the county in which the water or sewerage system lies; and

The sewer service charges shall be a first lien on the property.

By mail sent to the last known address of the owner of the property; or

By posting the notice on the premises of the property served.

This subsection applies if a political subdivision:

If a political subdivision advises another political subdivision or a private water company that a bill for sewerage service is unpaid for 45 days after being sent, subject to the notice provisions under subsection (b) of this section, the political subdivision or private water company informed of the unpaid bill may disconnect water service to the property.

Before reconnecting water service, a political subdivision may require full payment of the sewerage bill plus a reconnection charge reasonably related to the cost of reconnection, as established by regulation of the political subdivision.

A private water company may apply a reasonable reconnection charge, in accordance with the ratemaking requirements of Title 4 of the Public Utilities Article, when it reconnects water service.

This subsection applies only to property subject to a condominium regime established under Title 11 of the Real Property Article.

Notwithstanding any other law, if the political subdivision directly bills the governing body of a condominium or a person designated by the governing body of a condominium for water or sewer usage charges for all or a portion of the units in a condominium property, and a charge is in default for at least 60 days, the political subdivision or private water company informed of the unpaid bill shall post notice conspicuously at or near the entry to the common area of the condominium.

The political subdivision may enter onto the common area of a condominium property at a reasonable time to post the notice required under this subsection.

A vacant lot; or

Cited as vacant and unfit for habitation on a housing or building violation notice.

A political subdivision may require proof that all housing and building violation notices on a property have been resolved prior to restoring service under subsection (b) of this section.

Prior to restoring service under subsection (b) of this section, a political subdivision may require the owner of the property to pay: