In this subtitle the following words have the meanings indicated.
“Municipal authority” means:
The mayor and council of a municipality;
The town commissioners of a municipality; or
Any other governing body of a municipality.
“System” means:
A water supply system;
A sewerage system;
A drainage system; or
A refuse disposal system.
Except for Subtitles 2, 5, and 9 of this title, any act or part of an act that is inconsistent with the provisions of Part II of this subtitle is repealed to the extent of the inconsistency.
The provisions of Part II of this subtitle do not affect any power or duty of:
The Secretary;
The Washington Suburban Sanitary Commission;
The Anne Arundel County Sanitary Commission;
The Baltimore County Metropolitan District; or
Baltimore City.
A municipal authority may:
Construct a system in a municipality;
Extend or alter an existing system;
Maintain and operate a system constructed, extended, altered, or acquired under this subtitle;
Make a contract or an agreement with another municipal authority, or with any sanitary commission, sanitary district, county, State, or federal authority about the construction, alteration, maintenance, or operation of a system;
In order to exercise any power set out in this subtitle with regard to any part of any system, acquire by purchase, in fee or as an easement, from any owner, or if the owner objects, by condemnation, any property inside or outside the municipality, including:
Land;
Structures;
Buildings;
Watercourses;
Water rights; and
Any privately owned system;
Do any work necessary to carry out any activity under item (1), (2), or (3) of this section, including:
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:
Has a permit to do the work;
Leaves the highway in a condition at least as good as that existing before entry; and
Pays all costs for cleanup and repair;
Establish street lines and grades, or grant approval to any person to establish street lines and grades, for the proper construction, establishment, or extension of any water, sewerage, or drainage system under the control of the municipal authority; and
Withhold water, sewerage, or drainage service from any property that abuts on any street for which a person establishes lines and grades without the approval of the municipal authority.
Whenever a municipal authority acquires any property by condemnation under this subtitle, the proceedings shall be in accordance with this section and Title 12 of the Real Property Article.
Notwithstanding any appeal or other proceeding by a defendant, the municipal authority may enter and take possession of the condemned property at any time at least 10 days after the return and recordation of the judgment if the municipal authority pays to the clerk of court:
The amount of the award;
All costs to date; and
All taxes to date.
In addition to the requirements of § 9-706 of this subtitle, whenever a municipal authority acquires a privately owned system under this subtitle, the provisions of this section apply.
If a municipal authority takes possession of a privately owned system, the municipal authority:
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.
If a municipal authority considers any part of the privately owned system unfit for incorporation into the municipal system, the municipal authority may disregard the unfit part of the privately owned system and extend the municipal system to serve the property served by the unfit part of the privately owned system.
The provisions of Part II of this subtitle that apply to a system constructed by the municipal authority apply to the system acquired or extended by the municipal authority under this section.
A municipal authority shall:
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:
Connect all spigots or hydrants, toilets, and waste drains with the water main or sewer, within a reasonable time as determined by the municipal authority; and
Install adequate spigots or hydrants, toilets and waste drains if:
There are no fixtures or drains; or
The municipal authority believes that the existing fixtures or drains are improper or inadequate.
To prevent any use of or any injury to the public health, each owner of property that is connected with a sewer shall abandon, close, and leave, in the manner that the municipal authority directs, any:
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:
Have any necessary connections made;
Cause any cesspool, drains, or privy to be closed and abandoned; and
Charge the property owner with the cost of the connection or closing or both.
For purposes of this subsection, the costs:
Are a lien against the affected property until paid; and
May be collected in the same manner as county or municipal taxes.
If any structure in, over, or under a public street, road, or alley in any county or municipality obstructs any work on a system, the municipal authority shall:
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.
After the time specified in the order for abating the violation, a person who is served with an order under this section may not violate that order.
If any pipe or conduit laid under a public highway by a person in accordance with the terms of any permit issued or any plan approved under § 9-710 of this subtitle obstructs construction of any water main, sewer, or drain, the municipal authority shall remove or readjust the obstructing structure.
The municipality shall pay the cost of any necessary changes made under this section.
A person shall hold a permit issued by the municipal authority before the person may lay any pipe or conduit under any public highway in a municipality.
The municipal authority shall issue a permit to lay any pipe or conduit under a public highway in the municipality if:
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.
A person shall obtain the approval of the municipal authority for any proposed deviation from the approved plan before the person may deviate from the plan.
If a person lays a new pipe or conduit without a permit, or not in accordance with the approved plan or an approved deviation from the plan, the municipal authority shall:
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.
After the time specified in the order for abating the violation, a person who is served with an order under this section may not violate that order.
A municipal authority may issue bonds when and in the amounts needed to provide funds for all or part of a system’s:
Design;
Construction;
Extension;
Alteration;
Purchase; or
Condemnation.
The bonds issued under this subtitle:
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:
Any regular municipal election; or
A special municipal election, provided that the voters are given at least 20 days’ notice of the election.
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:
May not issue the bonds; but
May submit the question at any later regular or special municipal election as provided under this section, until a majority of the votes cast is “for ... bonds”.
While any bonds issued under Part II of this subtitle are outstanding, the municipal authority annually shall levy a tax against all of the assessable property served within the municipality to pay the principal and interest on the bonds.
The tax shall be:
Sufficient to pay:
When due, the principal and interest on the bonds; or
The part of the principal or interest on the bonds that is not paid for by the levy of the annual front-foot assessment under § 9-713 of this subtitle or by the service charges collected under § 9-714 of this subtitle; and
Treated the same as any other municipal tax in every respect, including as to:
Priority rights;
Interest;
Penalties; and
Manner of determination, levy, and collection.
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.
To pay all or any part of the principal or interest on or to retire any outstanding bonds issued under Part II of this subtitle, the municipal authority may levy an annual front–foot assessment against any property that abuts on any street, road, alley, or right–of–way in which a water pipe, sewer, or drain is laid, or from which refuse is collected.
To set front–foot assessment rates, the municipal authority may:
Classify any property according to its use;
Determine a fair and reasonable frontage length for:
Any corner lot fronting on more than one street;
Any irregular shaped lot fronting on more than one street;
Any shallow lot fronting on more than one street;
Any agricultural property; or
Any small acreage; and
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;
The amount of the assessment; and
The time and place for a hearing on the classification of the property and the benefit charges assessed against the property.
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.
The municipal authority may provide terms for the extinguishment by property owners of annual front–foot benefit charges, if the extinguishment arrangement provides for the necessary payments on the outstanding bonds.
A municipal authority may set, collect, and, if necessary, modify service rates to provide funds:
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.
The service rates shall be:
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 municipal authority may set:
The time for payment; and
The penalties for nonpayment.
To carry out any official duty under Part II of this subtitle, a representative of a municipal authority, at any reasonable time, may enter on any private property or into any building that is within the jurisdiction of the municipality.
An owner, tenant, or agent of the owner or tenant may not:
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 municipal authority may adopt rules and regulations:
To provide for the maintenance and operation of any system under its control; and
To govern the installation and alteration of all water supply, plumbing, and drainage arrangements on private property, including requirements for obtaining a permit and paying a reasonable charge before doing any work on any water supply, plumbing, or drainage system.
A person who violates any provision of or fails to perform any duty imposed by Part II of this subtitle, or who violates any provision of or fails to perform any duty imposed by a rule, regulation, order, or permit adopted or issued under Part II of this subtitle, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 30 days in the county jail, or both.
In Part III of this subtitle, “political subdivision”:
Means any public body of this State that owns or operates any water or sewerage system, including:
A county;
A commission;
A district; or
A municipal corporation; and
Does not include the Washington Suburban Sanitary Commission.
The powers granted to political subdivisions by Part III of this subtitle are supplementary to any other powers of the political subdivisions.
This section does not:
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.
To provide funds for the payment of principal and interest on indebtedness that is incurred to finance any water or sewerage system, a political subdivision may:
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.
Except for special provisions that apply only in certain political subdivisions, the provisions of §§ 9-655 through 9-658 of this title govern the imposition of assessments under this section.
Subject to any charter provisions of a chartered county or municipal corporation, any political subdivision may establish reasonable rates for water service, and reasonable charges for sewer upkeep and sewer service to provide funds for:
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.
The rates and charges are chargeable against all property that is connected to any water or sewer pipe that the political subdivision owns or supervises.
Subject to any necessary modification and to the provisions of this section, the rates and charges shall be uniform throughout each water or sewerage district.
The rates for water service shall:
Be based on estimates of the amount of water used by the types of users specified in the rates; and
Consist of:
A minimum charge based on the size of the meter on the water connection leading to the property; and
A charge for water used, based on the amount of water passing through the meter during the period between the last 2 readings.
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:
Notify the owner of the property served, in writing, that the bill is in arrears and that water service will be discontinued;
Leave the notice on the owner’s property or mail the notice to the last known address of the owner; and
Discontinue water service to the property until the owner pays the bill and a reconnection charge reasonably related to the cost of reconnection, as established by ordinance of the governing body of the county or municipal corporation in which the water service is provided.
If any bill remains unpaid after 60 days from the date of sending the notice:
The bill and the penalty imposed under paragraph (3)(iii) of this subsection shall be collectible from the property owner 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 water service charges and all penalties shall be a first lien on the property.
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.
The charge for the upkeep on sewers shall be:
Collected annually; and
A first lien on any property connected to any sewer pipe the political subdivision owns or supervises.
The political subdivision shall:
Select a reasonable basis for imposing the sewer service charge; and
Collect the sewer service charge once, twice, or four times a year.
If any bill for sewer service remains unpaid after 60 days from the date the bill was sent:
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.
If a bill for sewerage service is unpaid for 45 days after being sent, a political subdivision may disconnect water service to the property.
Before disconnecting water service under this section, the political subdivision shall provide notice:
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:
Provides sewerage service to a property; but
Does not provide water service to the property and water service is provided to the property by another political subdivision or by a private water company.
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 does not preclude the use of any other procedure available to a political subdivision to collect unpaid sewerage charges.
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.
Before setting or modifying a rate, charge, or assessment under this section, for any water or sewerage system it constructs or acquires, the political subdivision shall:
Give prompt notice of the proposed rate, charge, or assessment in at least 1 newspaper of general circulation in the area of the water or sewerage system; and
Conduct a public hearing on the necessity or advisability of the proposed rates, charges, or assessments.
A political subdivision may disconnect service to a property on a finding or notification from the governing body of the political subdivision in which the property is located that the property is:
A vacant lot; or
Cited as vacant and unfit for habitation on a housing or building violation notice.
Subject to subsection (c) of this section, on request by the owner of the property, the political subdivision shall restore service to a property where service was disconnected in accordance with subsection (a) of this section.
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:
All unpaid fees, charges, or assessments for service at the property; and
Any reconnection fees for service at the property.