§ 20.615. Penalties.

(1)

Late Payment of Charges:

(a)

Water, reclaimed water, and sewer use charges, surcharges and special charges:

(i)

The Director of Finance shall send written notification to the owner of any property or waste hauler whose bill for water use charges, reclaimed water service charges, sewer use charges, sewer use surcharges or special charges remains unpaid after 30 days of the billed date. The Director of Finance shall charge a penalty premium payment of ten percent of the unpaid charges.

(ii)

In the event of failure to pay a water, reclaimed water, or sewer service charge or sewer use surcharge billing within 30 days, the Director of Public Works shall, after written notice left upon the premises or mailed to the last-known address of the owner, turn off the water to the property in question, and the water shall not be turned on again until said billing has been paid including any monetary penalties.

In the event of a waste hauler's failure to pay a sewer service charge or sewer use surcharge billing within 30 days, the Director of Public Works shall, after written notice mailed to the last-known address of the waste hauler, deny access to the public sewerage system by the waste hauler for the purpose of discharging sewage. Access to the sewer system shall not be restored until the billing has been paid including any monetary penalties.

(iii)

If any bill still remains unpaid, it shall be collectible from the owner of the property in the same manner and subject to the same interest as taxes on the property; and the charge and all penalties shall be a first lien against the property.

If a waste hauler's bill remains unpaid 60 days after issuance, the bill shall be collectible from the surety provided by the waste hauler as required by subsection 20.602(5) of this subtitle. In addition, the waste hauler's discharge permit issued pursuant to section 18.122A "regulation of discharges to the public sewerage system" may be revoked. The Director may also authorize the office of law to institute the appropriate action at law against the waste hauler to collect any unpaid charges and fees.

(b)

In-aid-of-construction charges. Unless the owner has paid all required supplemental and regular in-aid-of-construction charges, no property will be permitted to connect to the public water and/or sewer system.

(c)

Front-foot benefit assessment charges; ad valorem charges. If the front-foot benefit assessment charges and the regular and supplemental ad valorem charges are not paid within 30 days after becoming due, they shall be collectible in the same manner and subject to the same interest as taxes on the property. The charge(s) and all penalties shall be a first lien against the property.

(2)

Falsification or Evasion. Any water, reclaimed water, or sewerage system user who knowingly participates or aids in the falsification of data or in the evasion of water service charges, reclaimed water service charges, sewer service charges or sewer use surcharges shall be guilty of a misdemeanor and, upon conviction thereof by any court of competent jurisdiction, shall be subject to a fine of not more than $500.00 or imprisonment not exceeding six months or both, for each offense. Each day's continuance of falsification or evasion shall be considered a separate offense.

(3)

Violation of Provisions of Subtitle. Any violator of any provision of this subtitle (including rules and regulations adopted hereto) shall be notified of such violation by written notification of the Director of Public Works. The violator shall be ordered to cease the violation and shall be given a reasonable time in which to do so. Continuation of the violation beyond the time limit established shall result in termination of public water or reclaimed water service, disconnection from the public sewer system, or denial of access to the public sewerage system, whichever action is deemed appropriate by the Director. Service or access shall be restored when the violation is corrected.

(C.B. 38, 1998; C.B. 17, 2003, § 4; C.B. 27, 2007, § 2)