§ 12.105. Connection of property with public water supply or sewerage system.
(a)
Order to Connect to Public System and to Abandon Potentially Dangerous Water Supply or On-site Sewage Disposal Systems. The Health Officer may order a property owner to connect to the public water and/or sewerage system and to abandon the existing water supply and/or on-site sewage disposal system of the property, leaving it in such a way that it cannot be used or be a health threat, if:
(1)
The Health Officer determines that the existing water supply and/or on-site sewage disposal system for the property is a potential threat to health; and
(2)
There is an operating public water main for delivery of water service to the property and/or a public sewer main for reception of domestic sewage from the property, directly available to service the property at the time of the connection.
(b)
Contents of Notification Ordering Connecting to Public Water and/or Sewerage System. The notice requiring connection to the public water and/or sewerage system shall be sent by certified mail to the address of the owner as shown on the current tax assessment records of the County and, if the owner's address is address of the property, an additional notice shall be sent to the resident of the property. It shall include:
(1)
A description of the conditions constituting a potential health hazard;
(2)
An order to connect to the public water and/or sewerage system, indicating time limits for the connection;
(3)
An order to abandon the existing system and leave it in such a way that it cannot be used or be a health threat;
(4)
A statement advising of the right to appeal and the procedures regarding an appeal;
(5)
An explanation of the penalties for failure to comply.
(c)
Appeal:
(1)
A decision of the Health Officer whether or not to require property to be connected to the public water and/or sewerage may be appealed to the Board of Health.
(2)
Any person aggrieved by the decision who wishes to appeal it shall file the appeal with the Executive Secretary of the Board of Health within 15 days of receipt of the order to connect.
(3)
Upon receipt of an appeal, the Board of Health shall schedule a hearing, to be held within 30 days of the filing of the appeal.
(4)
The Board of Health shall announce its decision on the appeal within 30 days of the hearing.
(5)
If the Board of Health upholds the order to connect, the property owner shall carry out the order.
(d)
Compliance:
(1)
Within 30 days of receipt of the Health Department's order to connect, or, within 30 days of the Board of Health's upholding of an order to connect, the property owner shall make application for all permits required by the County for connection and shall pay all permit fees and connection charges. The Health Officer may extend this time frame at his/her discretion. The property owner may arrange with the Director of Finance to pay the connection charges in installments pursuant to subtitle 3, "Water and Sewer Charges and Assessments," of title 20, "Taxation and Public Credit," of the Howard County Code.
(2)
Within 60 days of the Health Department's order to connect or, in the event of an appeal, within 60 days of the Board of Health's upholding of the order to connect, the connection to the public water and/or sewerage system shall have been made and inspected. The Health Officer may extend this time limit at his/her discretion.
(e)
Court Action to Enforce Order:
(1)
If a person refuses or fails to comply with an order to connect to the public water and/or sewer system within the required time, the Health Officer may bring an action in court to enforce compliance with the order.
(2)
The court may order the Department of Public Works to make the necessary connections at the property owner's expense, pursuant to the provisions of section 18.104A, "Mandatory Water/Sewer Connections," of the Howard County Code.
(3)
In the event that a court orders the connection, and does not order the Department of Public Works to do the work, the property owner shall apply for all permits and pay connection charges (including any arrangement for installment payments) within 30 days of the court order. The connection to the public system shall have been made and inspected within 60 days of the court order.
(f)
Financial Problems in Complying with Order. Property owners who have financial difficulties in complying with the order to connect may be eligible for certain financing options offered pursuant to subtitle 3, "Rehabilitation Fund," of title 13, "Housing, Urban Renewal and Economic Development," or subtitle 7, "Water/Sewer Connection Financing Program," of title 20, "Taxation and Public Credit," of the Howard County Code.
(g)
Conditions after Connection. After the connection is made to the public sewerage system, all cesspools, septic tanks and dry wells located on the property shall be abandoned, closed, backfilled and left in such condition that they cannot be again used nor become injurious to health. Upon connection to the public water system, all wells and other sources of water shall be disconnected.
(C.B. 6, 1985; C.B. 6, 1998; C.B. 32, 2002, § 1)