HB2297: Termination of water services; SCC to establish limitations for those with medical condition.
Be it enacted by the General Assembly of Virginia:
1. That § 56-247.1 of the Code of Virginia is amended and reenacted as follows:
§ 56-247.1. Commission to require public utilities to follow certain procedures.
The Commission shall require that public utilities adhere to the following procedures:
A. Every public utility shall provide its residential customers one full billing period to pay for one month's local or basic services, before initiating any proceeding against a residential customer for nonpayment of local service.
B. Pay the residential customer a fair rate of interest as determined by the Commission on money deposited and return the deposit with the interest after not more than one year of satisfactory credit has been established.
C. Every public utility shall establish customer complaint procedures which will insure prompt and effective handling of all customer inquiries, service requests and complaints. Such procedure shall be approved by the Commission before its implementation and it shall be distributed to its residential customers.
D. No electric or gas utility shall terminate a customer's service without 10 days' notice by mail to the customer.
E. No public utility shall terminate the residential service of a customer for such customer's nonpayment of basic nonresidential services as defined by its terms and conditions on file with the Virginia State Corporation Commission.
F. A public utility providing water service shall not terminate service for nonpayment until it first sends the customer written notice by mail 10 days in advance of making the termination but, in no event, shall it terminate the customer's service until 20 days after the customer?s bill has become due. Any such notice shall also include contact information for the customer?s use in contacting the public utility regarding the notice.
FG. Any electric utility formed under or subject
to Chapter 9.1 (§ 56-231.15 et seq.) may install and operate, upon a customer's
request and pursuant to an appropriate tariff for any type or classification of
service, a prepaid metering equipment and system that is configured to
terminate electric service immediately and automatically when the customer has
incurred charges for electric service equal to the customer's prepayments for
such service. Subsections A, B, D, and E shall not apply to services provided
pursuant to electric service provided on a prepaid basis by a prepaid metering
equipment and system pursuant to this subsection. Such tariffs shall be filed
with the Commission for its review and determination that the tariff is not
contrary to the public interest.
2. § 1. That the State Corporation Commission, in order to promote public health and safety, shall conduct a proceeding for the purpose of establishing limitations on the authority of a public utility providing water service to terminate water service to the residence of any customer who provides the certification of a licensed physician that the customer has a serious medical condition or the customer resides with a family member with a serious medical condition. The limitations shall be consistent with the public interest. In the proceeding establishing such limitations, the State Corporation Commission shall consult with the Commissioner of Health, the Commissioner of Social Services, the Virginia Poverty Law Center, the Virginia League of Social Services Executives, water utilities, and any other persons that the State Corporation Commission deems appropriate. As a part of the proceeding, the State Corporation Commission shall adopt regulations to implement such limitations. The regulations shall (i) be adopted in accordance with the Commission's Rules of Practice and Procedure, (ii) be effective not later than October 31, 2011, (iii) establish a cost recovery mechanism under which water utilities shall be authorized to recover, from approved rates collected from other customers or other sources of revenue, any losses on customer accounts the balance of which is written off or otherwise determined to be uncollectible as the result of the implementation of the regulations, and (iv) define "serious medical condition.?
Be it enacted by the General Assembly of Virginia:
1. § 1. Prior to stopping the supply of water for any reason, including but not limited to late payment of fees, charges, or interest, any private water company supplying water for the use on real estate in the Commonwealth shall send notice to the owner, lessee, or tenant that water service will be terminated on a certain date, no less than 30 days from the date of such notice. This notice shall also contain contact information for the owner, lessee, or tenant to use to reinstate water service. At the time the water supply is terminated, the individual terminating the service shall provide the current occupant a written notice that the water service will be suspended that day, and shall provide him, in writing, contact information to use to reinstate water service. If the occupant is not present to receive such notice, the written notice shall be posted on the front door of the affected real estate.
The water supply to or for any person, or for use on real estate of any person, shall not be shut off or stopped if the State Health Commissioner, upon application of the local board of health or health officer of the locality in which such water is supplied or such real estate is located, has found and certifies to the private water company charged with the responsibility of ceasing to supply or sell such water, or to shut off the supply of such water, that ceasing to supply or shutting off such water supply will endanger the health of such person or the health of others in the locality.
Be it enacted by the General Assembly of Virginia:
1. That §§ 15.2-2119, 15.2-2120, 15.2-5138, 15.2-5138.1, 21-118.4, 21-184, 21-264, and 56-264.1 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 15.2-2143.1 and 15.2-5138.2 as follows.
§ 15.2-2119. Fees and charges for sewer services.
For sewer service provided by localities, fees and charges may be charged to and 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 sewage disposal system and (b) from or on which sewage or industrial wastes originate or have originated and have directly or indirectly entered or will enter the sewage disposal system; or (iii) any user of a municipality's water or sewer system with respect to combined sanitary and storm water sewer systems where the user is a resident of the municipality and the purpose of any such fee or charge is related to the control of combined sewer overflow discharges from such systems. Such fees and charges shall be practicable and equitable and payable as directed by the respective locality operating or providing 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 uniform for the same type, class and amount of use or service of the sewage disposal system, and may be based or computed either on the consumption of water on or in connection with the real estate, making due allowances for commercial use of water, or on the number and kind of water outlets on or in connection with the real estate or on the number and kind of plumbing or sewage fixtures or facilities on or in connection with the real estate or on the number or average number of persons residing or working on or otherwise connected or identified with the real estate or any other factors determining the type, class and amount of use or service of the sewage disposal system, or any combination of such factors, or on such other basis as the governing body may determine. Such fees and charges shall be due and payable at such time as the governing body may determine, and the governing body may require the same to be paid in advance for periods of not more than six months. The revenue derived from any or all of such fees and charges is hereby declared to be revenue of such sewage disposal system.
Water and sewer connection fees established by any locality shall be fair and reasonable. Such fees shall be reviewed by the locality periodically and shall be adjusted, if necessary, to assure that they continue to be fair and reasonable. Nothing herein shall affect existing contracts with bondholders which are in conflict with any of the foregoing provisions.
If the fees and charges charged for the use and services of
the sewage disposal system by or in connection with any real estate are not
paid when due, a penalty and interest shall at that time be owed as provided
for by general law, and the owner, lessee or tenant, as the case may be, of
such real estate shall, until such fees and charges are paid with such penalty
and interest to the date of payment, cease to dispose of sewage or industrial
waste originating from or on such real estate by discharge thereof directly or
indirectly into the sewage disposal system. If such owner, lessee or tenant
does not cease such disposal within two months thereafter, the locality or
person supplying water for the use of such real estate shall cease supplying
waterthereto
unless the health officers certify that shutting off the water will endanger
the health of the occupants of the premises or the health of others pursuant to the
procedures set forth in § 15.2-2143.1.
Such fees and charges, and any penalty and interest thereon shall constitute a lien against the property, ranking on a parity with liens for unpaid taxes. However, prior to recording a lien against the property owner, the locality or service authority shall obtain a judgment in a court of competent jurisdiction against the lessee or tenant who contracted for such services for the amount of any delinquencies. After obtaining judgment against the lessee or tenant as contracting party and using reasonable efforts to collect on the judgment, if the locality or service authority is unable to collect the balance due on the money judgment, the locality or service authority shall provide the property owner with 30 days written notification to allow the property owner a reasonable opportunity to pay the amount of the lien and avoid the recordation of a lien against the property. If the property owner fails 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 the outstanding judgment against the property owner. Upon payment of the outstanding judgment, or any portion thereof, the property owner shall be subrogated against the lessee or tenant in place of the locality or the service authority in the amount paid by the property owner. The locality or service authority shall execute all documents necessary to perfect such subrogation in favor of the property owner. Such amounts, plus reasonable attorney's or collection agency's fees which shall not exceed 20 percent of the delinquent tax bill, may be recovered by the locality by action at law or suit in equity. In any city with a population greater than 390,000, such fees and charges, along with delinquent water and sewer connection fees, and any penalty and interest thereon shall constitute a lien against the property, ranking on a parity with liens for unpaid taxes. Such amounts, plus reasonable attorney's or collection agency's fees which shall not exceed 20 percent of the delinquent fee or charge, may be recovered by such city by action at law or suit in equity.
Notwithstanding any provision of law to the contrary, any town with a population between 11,000 and 14,000, with the concurrence of the affected county, which provides and operates sewer services outside its boundaries may provide sewer services to industrial and commercial users outside its boundaries and collect such compensation therefor as may be contracted for between the town and such user. Such town shall not thereby be obligated to provide sewer services to any other users outside its boundaries.
§ 15.2-2120. Enforcement of liens for water or sewer charges.
A. Any lien for water and sewer charges when properly docketed in the clerk's office may be enforced in the same manner as taxes due a locality or by cutting off water or sewer service pursuant to § 15.2-2143.1 provided the public health or safety will not be endangered thereby.
B. Such lien shall not bind or affect a subsequent bona fide purchaser of such real estate for valuable consideration without actual notice of such lien, until and except from the time that the amount of such fees and charges are entered in a judgment lien book in the circuit court for the locality wherein the real estate or a part thereof is located. It shall be the duty of the circuit court clerk to cause entries to be made and indexed therein from time to time upon certification by the locality.
C. Such lien on any real estate may be discharged by the payment to the locality of the total amount of such lien and the interest which may accrue to the date of such payment. It shall be the duty of the locality to deliver a certificate thereof to the person paying the same, and upon presentation thereof, the clerk having the record of such lien shall mark the entry of such lien satisfied.
§ 15.2-2143.1. Procedure for terminating water services.
Prior to stopping the supply of water as provided for in this chapter, the locality or person supplying water for the use of the affected real estate shall send notice to the owner, lessee, or tenant that water service will be terminated on a certain date, no less than 30 days from the date of such notice. This notice shall also contain contact information for the owner, lessee, or tenant to use to reinstate water services. At the time the water supply is terminated, the individual terminating the service shall attempt to make contact with any current occupant of the affected real estate to inform him that the water service will be suspended that day, and shall provide him, either verbally or, if the occupant is not present, by leaving in writing, contact information to use to reinstate water service.
The water supply to or for any person, or for use on real estate of any person, shall not be shut off or stopped under this section if the State Health Commissioner, upon application of the local board of health or health officer of the locality in which such water is supplied or such real estate is located, has found and certifies to the authorities charged with the responsibility of ceasing to supply or sell such water, or to shut off the supply of such water, that ceasing to supply or shutting off such water supply will endanger the health of such person and the health of others in the locality.
§ 15.2-5138. Enforcement of charges.
Any resolution or trust agreement providing for the issuance of revenue bonds under the provisions of this chapter may include any of the following provisions, and may require the authority to adopt such resolutions or to take such other lawful action as is necessary to effectuate such provisions. The authority may adopt such resolutions and take such other actions as follows:
1. Require the owner, tenant or occupant of each lot or parcel of land who is obligated to pay rates, fees or charges for the use of or for the services furnished by any system acquired or constructed by the authority under the provisions of this chapter to make a reasonable deposit with the authority in advance to insure the payment of such rates, fees or charges and to be subject to application to the payment thereof if delinquent.
2. If any rates, fees or charges for the use of and for the services furnished by any system acquired or constructed by the authority under the provisions of this chapter are not paid within thirty days after due, the authority may at the expiration of such thirty-day period begin the procedures set forth in § 15.2-5138.2 in order to disconnect the premises from the water or sewer system, or otherwise suspend services and proceed to recover the amount of any such delinquent rates, fees or charges, with interest, in a civil action.
3. If any rates, fees or charges for the use and services of
any sewer system acquired or constructed by the authority under the provisions
of this chapter are not paid within thirty days after they become due, require
that the owner, tenant or occupant of such premises cease disposing of sewage
or industrial wastes originating from or on such premises by discharge directly
or indirectly into the sewer system until such rates, fees or charges, with
interest, are paid. If such owner, tenant or occupant does not cease such
disposal at the expiration of the thirty-day period, the authority may require
any political subdivision, district, private corporation, board, body or person
supplying water to or selling water for use on such premises to begin the procedures set forth in § 15.2-5138.2 in
order to cease supplying water to or selling water for use
on such premises within
five days after the receipt of notice of such delinquency from the authority.
If such political subdivision, district, private corporation, board, body or
person does not, at the expiration of
such five-day period, cease supplying water to or selling water for use on such premises,
then the authority may shut off the supply of water to such premises after five days from the receipt of
notice of such delinquency from the authority, begin
the procedures set forth in § 15.2-5138.2, then the authority
may shut off the supply of water to such premises pursuant to the procedures
set forth in § 15.2-5138.2.
The water supply to
or for any person, or for use on real estate of any person, shall not be shut
off or stopped under this section if the State Health Commissioner, upon
application of the local board of health or health officer of the locality in
which such water is supplied or such real estate is located, has found and
certifies to the authorities charged with the responsibility of ceasing to
supply or sell such water, or to shut off the supply of such water, that
ceasing to supply or shutting off such water supply will endanger the health of
such person and the health of others in the locality.
§ 15.2-5138.1. Enforcement of certain charges when authority does not provide water services.
A. This section shall apply only to an authority operating in Planning District 1 or Planning District 2.
B. If any rates, fees or charges for the use and services of
any sewer system acquired or constructed by the authority under the provisions
of this chapter are not paid within 60 days after they become due, the
authority may require that the owner, tenant or occupant of such premises cease
disposing of sewage or industrial wastes originating from or on such premises
by discharge directly or indirectly into the sewer system until such rates,
fees or charges, with interest, are paid. If such owner, tenant or occupant
does not cease such disposal at the expiration of the 60-day period, the authority
may require any political subdivision, district, private corporation, board,
body or person supplying water to or selling water for use on such premises to begin the procedures set forth in § 15.2-5138.2 within
five days after the receipt of notice of such delinquency from the authority in
order to cease supplying water to or selling water for use
on such premises within five days
after the receipt of notice of such delinquency from the authority.
If such political subdivision, district, private corporation, board, body or
person does not, at
the expiration of such five-day period, cease supplying water
to or selling water for use on such premises begin the procedures set forth in § 15.2-5138.2
after five days from the receipt of notice of such delinquency from the
authority, then the authority may shut off the supply of
water to such premises pursuant to the
procedures set forth in § 15.2-5138.2.
C. The water supply
to or for any person, or for use on real estate of any person, shall not be shut
off or stopped under this section if the State Health Commissioner, upon
application of the local board of health or health officer of the locality in
which such water is supplied or such real estate is located, has found and
certifies to the authorities charged with the responsibility of ceasing to
supply or sell such water, or to shut off the supply of such water, that
ceasing to supply or shutting off such water supply will endanger the health of
such person and the health of others in the locality.
§ 15.2-5138.2. Procedure for terminating water services.
Prior to stopping the supply of water as provided for in this section, the political subdivision, district, private corporation, board, body, person, authority, or locality supplying water for the use of the affected real estate shall send notice to the owner, lessee, or tenant that water service will be terminated on a certain date, no less than 30 days from the date of such notice. This notice shall also contain contact information for the owner, lessee, or tenant to use to reinstate water services. At the time the water supply is terminated, the individual terminating the service shall attempt to make contact with any current occupant of the affected real estate to inform him that the water service will be suspended that day, and shall provide him, either verbally or, if the occupant is not present, by leaving in writing, contact information to use to reinstate water service.
The water supply to or for any person, or for use on real estate of any person, shall not be shut off or stopped under this section if the State Health Commissioner, upon application of the local board of health or health officer of the locality in which such water is supplied or such real estate is located, has found and certifies to the authorities charged with the responsibility of ceasing to supply or sell such water, or to shut off the supply of such water, that ceasing to supply or shutting off such water supply will endanger the health of such person and the health of others in the locality.
§ 21-118.4. Certain additional powers of governing body.
Notwithstanding any other provisions of law, when an order has been entered creating a sanitary district in such county, the board of supervisors or other governing body hereinafter referred to as "board of supervisors," shall have the following powers and duties, in addition to such powers and duties created by any law, subject to the conditions and limitations hereinafter prescribed:
(a) To construct, reconstruct, maintain, alter, improve, add to and operate motor vehicle parking lots, water supply, drainage, sewerage, garbage disposal, heat, light, power, gas, sidewalks, curbs, gutters, streets and street name signs and fire-fighting systems, for the use and benefit of the public in such sanitary district and as to such motor vehicle parking lots systems to make such charges for the use of such facilities as may be prescribed by said board or body;
(a1) To acquire, construct, maintain and operate, or to contract for such acquisition, construction, maintenance and operation, within such sanitary district, such community buildings, community centers, other recreational facilities and advisory community planning councils as the board may deem expedient or advisable, and to make such charges for the use of such facilities as may be prescribed by the board;
(b) To acquire by gift, condemnation, purchase, lease or otherwise, and to maintain and operate any such motor vehicle parking lots, water supply, drainage, sewerage, garbage disposal, heat, light, power, gas, sidewalks, curbs, gutters, streets and street name signs and fire-fighting systems in such district;
(c) To contract with any person, firm, corporation, municipality, county, authority or the federal government or any agency thereof to acquire, construct, reconstruct, maintain, alter, improve, add to and operate any such motor vehicle parking lots, water supply, drainage, sewerage, garbage removal and disposal, heat, light, power, gas, sidewalks, curbs, gutters, streets and street name signs and fire-fighting systems in such district, and to accept the funds of, or to reimburse from any available source, such person, firm, corporation, municipality, county, authority or the federal government or any agency thereof for either the whole or any part of the costs, expenses and charges incident to the acquisition, construction, reconstruction, maintenance, alteration, improvement, addition to and operation of any such system or systems;
(d) To require owners or tenants of any property in the district to connect with any such system or systems, and to contract with the owners or tenants for such connections. In order to require owners or tenants of any property in the district to connect with any such system or systems, the board of supervisors shall have power and authority to adopt ordinances so requiring owners or tenants to connect with such systems, and to use the same, and the board of supervisors shall have power to provide for a punishment in the ordinance of not exceeding a fifty-dollar fine for each failure and refusal to so connect with such systems, or to use the same. Before adopting any such ordinance the board of supervisors shall give public notice of the intention to propose the same for passage by posting handbill notices of such proposal in three or more public places in the sanitary district at least ten days prior to the time the ordinance shall be proposed for passage. The ordinance shall not become effective after its passage until ten days' like notice has been given by posting copies of such ordinance in three or more public places in the district. The board of supervisors, in lieu of giving notice in such manner, may cause notice to be published in the manner provided in § 15.2-1427 for imposing or increasing any tax or levy. Violations of such ordinances shall be tried before the county court of the county as is provided for trial of misdemeanors, and with like right of appeal;
(e) To fix and prescribe or change the rates of charge for the use of any such system or systems, the rate of charge for connection to any such system or systems, a late charge not to exceed ten percent of the amount due or ten dollars, whichever is the greater, and interest on outstanding bills at the rate provided for in § 58.1-3918, after a public hearing upon notice as provided in subdivision (d) and to provide for the collection of such charges. In fixing such rates the sanitary district may seek the advice of the State Corporation Commission. The Commission may charge the district a reasonable fee for any advice given pursuant to this section. The board of supervisors may provide for the exemption from, deferral of or reduction of the rates of charge for the use of any garbage disposal system or systems by persons at least sixty-five years of age or persons permanently and totally disabled as defined in § 58.1-3217. Any such exemptions, deferrals or reductions may be conditioned upon only the income criteria as provided by § 58.1-3211. And to enable the board to enforce the collection of charges for the use of any such system against the person or persons, firm or corporation using the same, the charges when made for the use of any such system shall be collectible by distress, levy, garnishment, attachment or otherwise without recourse to court procedure, except so far as the selected procedure may require the same. And the board shall have power to designate as its agent for the purpose of collection such officer or officers, person or persons as it may determine, and the officer or officers, person or persons shall be vested with the same power and authority as a sheriff or constable may have in like procedure.
Water and sewer connection fees established by any county, city, town or sanitary district shall be fair and reasonable. Such fees shall be reviewed by the county, city, town or sanitary district periodically and shall be adjusted, if necessary, to assure that they continue to be fair and reasonable. Nothing herein shall affect existing contracts with bondholders which are in conflict with any of the foregoing provisions.
If any rates, fees or charges for the use of and for the
services furnished by any system acquired or constructed by the sanitary
district under the provisions of this chapter shall not be paid within thirty days
after the same shall become due and payable, and the person who incurred the
debt is the occupant of such premises, the board may at the expiration of such
thirty-day period initiate the steps
necessary to disconnect the premises from the water and/or
sewer system, or otherwise suspend services by sending notice to the occupant of the premises that water service will be terminated on a
certain date, no less than thirty days from the date of such notice. This notice shall also contain contact
information to assist the occupant in reinstating water
services. and
the The board may proceed to
recover the amount of any such delinquent rates, fees or charges, with
interest, in a civil action after water service
has been discontinued.
If any rates, fees or charges for the use and services of any
water or sewer system acquired or constructed by the sanitary district under
the provisions of this chapter shall not be paid within thirty days after the
same becomes due and payable, the occupant-debtor of such premises shall cease
to dispose of sewage or industrial wastes originating from or on such premises
by discharge thereof directly or indirectly into the sewer system until such
rates, fees or charges with interest, shall be paid. If such occupant-debtor
does not cease such disposal at the expiration of such thirty-day period, the
political subdivision or district or other public corporation, board, or body
supplying water to or selling water for use on such premises may, within five
days after the receipt of notice of such delinquency, send
notice to the occupant-debtor that water service will be terminated on a date
certain, no less than thirty days from the date of such notice. This
notice shall also contain contact information to assist the occupant in
reinstating water services. On the specified
date, the political subdivision or district or other public corporation, board,
or body shall cease to supply water to or to
sell water to such occupant-debtor. If such political subdivision or district
or public corporation, board,
or body shall not, at the expiration of such five-day period,
cease supplying water to or selling water for use
by send the
aforementioned notice to such occupant-debtor, then the
governing body within whose geographical boundaries such sanitary district lies
may shut off the supply of water to such person,
after sending notice to the occupant of the premises that water service will be
terminated on a certain date, no less than thirty days from the date of such notice. This notice shall also contain contact
information to assist the occupant in reinstating water services.
At the time the water supply is terminated, the individual terminating the service shall attempt to make contact with the occupant-debtor of the affected real estate to inform him that the water service will be suspended that day, and shall provide him, either verbally or, if he is not present, by leaving in writing, contact information to use to reinstate water service.
The water supply to or for any occupant-debtor shall not be shut off or stopped under the provisions of this section, if the State Health Commissioner, upon application of the local board of health or health officer of the county, city or town wherein such water is supplied or such real estate is located, shall have found and shall certify to the authorities charged with the responsibility of ceasing to supply or sell such water, or to shut off the supply of such water, that ceasing to supply or shutting off such water supply will endanger the health of such person or the health of others in such county, city or town.
Any unpaid charge shall become a lien superior to the interest of any owner, lessee or tenant, and next in succession to county taxes, on the real property on which the use of any such system was made and for which the charge was imposed. However, such lien shall not bind or affect a subsequent bona fide purchaser of such real estate for valuable consideration without actual notice of such lien, except and until from the time that the amount of such charge is entered in the Judgment Lien Docket kept in the office where deeds may be recorded in the political subdivision wherein the real estate or a part thereof is located. It shall be the duty of the clerk in whose office deeds may be recorded to keep and preserve and hold available for public inspection such Judgment Lien Docket and to cause entries to be made and indexed therein from time to time upon certification by the board for which he shall be entitled to a fee of five dollars per entry to be paid by the board and added to the amount of the lien.
No such lien shall be placed by the board unless the board or its billing and collection agent (i) shall have advised the owner of such real estate at the time of initiating service to a lessee or tenant of such real estate that a lien will be placed on such real estate if the lessee or tenant fails to pay any fees, rents or other charges when due for services rendered to such lessee or tenant; (ii) shall have mailed to the owner of such real estate a duplicate copy of the final bill rendered to such lessee or tenant at the time of rendering the final bill to such lessee or tenant; and (iii) shall employ the same collection efforts and practices to collect amounts due the board from a lessee or a tenant as are employed with respect to collection of such amounts due from customers who are owners of the real estate for which service is provided.
Such lien on any real estate may be discharged by the payment to the board of the total amount of such lien, and interest accrued thereon to the date of such payment, and the entry fee of two dollars, and it shall be the duty of the board to deliver a certificate thereof to the person paying the same, and upon presentation thereof and the payment of the further fee of one dollar by such person, the clerk having the record of such lien shall mark the entry of such lien satisfied.
Jurisdiction to enforce any such lien shall be in equity and the court may decree the real estate subject to the lien, or any part thereof, to be sold and the proceeds applied to the payment of such lien and the interest which may accrue to the date of such payment.
Nothing contained herein shall be construed to prejudice the right of the board to recover the amount of such lien, or of the charge, and the interest which may accrue, by action at law or otherwise, which relief shall be cumulative and not alternative;
(f) To employ and fix the compensation of any technical, clerical, or other force and help which from time to time, in their judgment, may be deemed necessary for the construction, operation or maintenance of any such system or systems;
(g) To negotiate and contract with any person, firm, corporation, county, authority or municipality with regard to the connection of any system or systems with any other system or systems now in operation or hereafter to be established, and with regard to any other matter necessary and proper for the construction or operation and maintenance of any such system within the sanitary district;
(h) To contract for the extension of any such system into territory outside of the district, and for the use thereof, upon such terms and conditions as the board may from time to time determine upon;
(i) With respect to the maintenance and operation of said motor vehicle parking lots system, the board is authorized to purchase, install, maintain and operate, and to fix and charge parking meter fees for the use of, such parking lot or lots;
(j) Insofar as is permitted by Article VIII, Section 5 and Article VIII, Section 7 of the Constitution of Virginia, to construct or contract to construct within such sanitary district, at the request of the school board and subject to all provisions of law applicable to the construction of school buildings, and additions thereto;
(k) To borrow not earlier than January 1 of any year, or the first day of the fiscal year of the district, for the purpose of meeting casual deficits in the revenue of the district or creating a debt in anticipation of the collection of the revenue of the district, a sum of money not to exceed one-half of the amount reasonably anticipated to be produced by the revenues of the district, including taxes levied pursuant to § 21-119, for the year in which the loan is negotiated; provided, there shall be excluded from the amount reasonably anticipated to be produced by the revenue of the district any anticipated tax revenues of the district which have not actually been levied and assessed against property within the district.
Notwithstanding any provisions of law to the contrary, any sanitary district is empowered to borrow in advance of grants and reimbursements due the district from the federal and state governments for the purpose of meeting appropriations for the then current fiscal year. "Grants" and "reimbursements" as used herein shall mean grants which the district has been formally advised in writing it will receive, and reimbursements on moneys which the federal or state governments are obligated to pay the district on account of expenditures made in anticipation of receiving such payment from the federal or state government. The district may borrow the full amount of the grant or reimbursement that the federal or state government is obligated to pay at the time the loan is issued. The loan shall be repaid within sixty days of the time the grant or reimbursement is received, but in any event, the loan shall be repaid within one year from the date of its issue.
Such temporary loans shall be evidenced by notes or bonds, negotiable or nonnegotiable as the board of supervisors may determine; shall bear interest at a rate as provided in § 2.2-5000; and shall be repaid not later than either December 15 of the year in which they are borrowed or fifteen days before the last day of the fiscal year of the district. No extension of any such loan shall be valid. No additional loan under this subsection shall be made until all temporary loans of preceding years shall have been paid. No election shall be required for the issuance of any bond pursuant to the provisions of this subsection. Except as this subsection otherwise provides, any bonds issued pursuant to this subsection may be issued in accordance with the provisions of §§ 21-130 through 21-136;
(l) Notwithstanding any other provision of this chapter to the contrary, where the use of any water or sewer systems described in this section is contracted for by an occupant who is not the owner of the premises and where such occupant's premises are separately metered for service, the owner of any such premises shall be liable only for the payment of delinquent rates or charges applicable to three delinquent billing periods but not to exceed a period of ninety days for such delinquency. No board shall refuse to service other premises of the owner not occupied by an occupant who is delinquent in the payment of such rates or charges on account of such delinquency provided that such owner has paid in full any delinquent charges for which he would be responsible for paying. No board shall refuse to service or unreasonably delay reinstatement of service to premises where such occupant who is delinquent has vacated the premises and a new party has applied for service provided such owner has paid in full such delinquent charges as he would be responsible for paying.
§ 21-184. Effect of failure to pay.
In the event that the fees, rents or charges charged by the
commission for the use and services of the sewage disposal system by or in
connection with any real estate shall not be paid as and when due, then and at
that time interest shall begin to accrue thereon at the rate of one per centum
per month and the owner, lessee or tenant, as the case may be of such real
estate shall, until such fees, rents and charges shall be paid with such
interest to the date of payment, cease to dispose of sewage or industrial waste
originating from or on such real estate by discharge thereof directly or
indirectly into the sewage disposal system, and if such owner, lessee or tenant
shall not cease such disposal within two months thereafter, it shall be the
duty of each county, city, town and other public corporation, board or body
supplying water to or selling water for use on, such real estate, within five
days after receipt of notice of such facts from the commission, to cease supplying water
to, and selling water for use on, such real estate send notice to the owner, lessee, or
tenant of such real estate that water service
will be terminated on a certain date, no less than 30 days from the date
of such notice. This notice shall also contain contact information to
assist the occupant in reinstating water services.
On the specified date, the county, city, town and other public corporation,
board, or body shall cease
supplying water to, and selling
water for use on, such real estate. If such county, city,
town or other public corporation, board or body shall not within such time cease supplying water to, and selling water for use
on, such real estate, the commission may shut off the supply of water to such
real estate and for send the aforementioned notice, the commission may
send notice to the owner, lessee, or
tenant of such real estate that water service will be shut
off on a certain date, no less than 30 days from the date
of such notice. This notice shall also contain contact information to
assist the occupant in reinstating water services. For such
purpose, the commission may enter on any
lands, waters and premises of such county, city, town or other public
corporation, board, or body, or of any person.
At the time the water supply is shut off, the individual terminating the service shall attempt to make contact with the occupant-debtor of the affected property to inform him that the water service will be suspended that day, and shall provide him, either verbally or, if the occupant is not present, by leaving in writing, contact information to use to reinstate water service. The water supply to or for any person, or for use on real estate of any person, shall not be shut off or stopped under the provisions of this section, if the State Health Commissioner, upon application of the local board of health or health officer of the county, city or town wherein such water is supplied or such real estate is located, shall have found and shall certify to the authorities charged with the responsibility of ceasing to supply or sell such water, or to shut off the supply of such water, that ceasing to supply or shutting off such water supply will endanger the health of such person and the health of others in such county, city or town.
§ 21-264. Effect of failure to pay.
In the event that the fees, rents or charges charged by the
commission for the use and services of the sewage disposal system by or in
connection with any real estate shall not be paid as and when due, then and at
that time interest shall begin to accrue thereon at the rate of one per centum
per month and the owner, lessee or tenant, as the case may be of such real
estate shall, until such fees, rents and charges shall be paid with such
interest to the date of payment, cease to dispose of sewage or industrial waste
originating from or on such real estate by discharge thereof directly or
indirectly into the sewage disposal system, and if such owner, lessee or tenant
shall not cease such disposal within two months thereafter it shall be the duty
of each county, city, town and other public corporation, board or body
supplying water to or selling water for use on, such real estate, within five
days after receipt of notice of such facts from the commission, to cease supplying water
to, andselling water for use on, such real estate send notice to the owner, lessee, or tenant that
water service will be terminated on a certain date,
no less than 30 days from the date of such notice. This notice shall also contain contact
information to assist the owner, lessee, or tenant in reinstating water services. On the
specified date, the county, city, town and other public corporation, board, or body supplying water
to or selling water for use on such real estate shall cease to supplying water
to, and selling water for use on, such real estate.
If such county, city, town or other public corporation, board
or body shall not within such time cease supplying water
to, and selling water for use on, such real estate send the aforementioned notice to the owner,
lessee, or tenant, the commission may shut off the supply
of water to such real estate after sending notice
to the owner, lessee, or tenant that water service will be terminated on a
certain date, no less than 30 days from the date
of such notice. This notice shall also contain contact information to
assist the owner, lessee, or tenant in reinstating water services. and for such purpose For the purpose of terminating the water supply,
the commission may enter on any
lands, waters and premises of such county, city, town or other public
corporation, board or body, or of any person.
At the time the water supply is shut off, the individual terminating the service shall attempt to make contact with the occupant of the affected property to inform him that the water service will be suspended that day, and shall provide him, either verbally or, if the occupant is not present, by leaving in writing, contact information to use to reinstate water service. The water supply to or for any person, or for use on real estate of any person, shall not be shut off or stopped under the provisions of this section, if the State Health Commissioner, upon application of the local board of health or health officer of the county, city or town wherein such water is supplied or such real estate is located, shall have found and shall certify to the authorities charged with the responsibility of ceasing to supply or sell such water, or to shut off the supply of such water, that ceasing to supply or shutting off such water supply will endanger the health of such person and the health of others in such county, city or town.
§ 56-264.1. Collection of rates, fees and charges.
In the event that the rates, fees or charges charged by any
private sewage disposal system company for the services and facilities of any
sewage disposal system or sewer improvements by or in connection with any real
estate or other property served shall not be paid as and when due, the owner,
tenant or occupant, as the case may be, of such property shall, until such
rates, fees and charges shall be paid, cease to dispose of sewage or industrial
wastes originating from or on such property by discharge thereof directly or indirectly
into the sewerage system, and if such owner, tenant or occupant shall not cease
such disposal within two months thereafter, it shall be the duty of each
county, city, town or other public corporation, board or body, supplying water
to or selling water for use on, such property, within five days after receipt
of notice of such facts from the private sewage disposal system company to cease supplying water
to, and selling water for use on, such property send notice to the owner, tenant,
or occupant of such real estate that water service will be
terminated on a certain date, no less than 30 days from the date of such notice. This notice shall also contain contact
information to assist the occupant in reinstating water services. On the
specified date, the county, city, town, or other public corporation, board, or
body shall cease supplying water to or selling
water for use on, such property.
If such county, city, town or other public corporation, board or body, shall
not within such time cease supplying water to, and selling water for use on, such property, after sending notice to the owner, tenant, or
occupant that water will be terminated on a certain date, no less than 30
days from the date of such notice, the private sewage
disposal system company may disconnect such property from such sewage disposal
system or sewer improvements, and for such purposes may enter on any lands,
waters and premises of such county, city, town or other public corporation,
board or body. The notice sent to
the owner, tenant, or occupant shall contain contact information to assist the
owner, tenant, or occupant in reinstating water services.
At the time the water supply is shut off, the individual terminating the service shall attempt to make contact with the occupant of the affected property to inform him that the water service will be suspended that day, and shall provide him, either verbally or, if the occupant is not present, by leaving in writing, contact information to use to reinstate water service. The water supply to or for any person, or for use on real estate of any person, shall not be shut off or stopped under the provisions of this section, if the State Health Commissioner, upon application of the local board of health or health officer of the county, city, or town wherein such water is supplied or such real estate is located, shall have found and shall certify to the authorities charged with the responsibility of ceasing to supply or sell such water, or to shut off the supply of such water, that ceasing to supply or shutting off such water supply will endanger the health of such person and the health of others in such county, city, or town.
The county, city, town or other public corporation, board or
body supplying water to or selling water for use on such property may establish
a reasonable fee for discontinuing such service and shall establish
administrative regulations to insure proper
notice to the customer, to provide for reestablishment of service
and to protect it against liability for action taken pursuant hereto.