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14-704. Connection charges.
1967, ch. 754, sec. 439U; 1976 Code, sec. 15-21; 1978, ch. 739; 2000, ch. 601.
For the purpose of carrying out the provisions of this title, the County may make a charge for every sewer and water connection. The funds derived from the charges may be used for payment of principal and interest on bonds, accumulating funds for capital improvements, for acquisition and construction of water and sewerage systems and the operation and maintenance of water and sewer systems and for the purchase of equipment and supplies necessary to the operation of the Board. Connection charges may be established from time to time by the Board. The connection charges may be based upon reasonable classifications as the Board may determine and the classifications may vary within any water or sewerage system and among any systems depending on any special circumstances which the Board finds exists. The charges provided in this section shall not be limited to the costs to the Board for making the connections. The Board is empowered to determine the manner in which the charges shall be payable.
14-705. Charges authorized.
1967, ch. 754, sec. 439K; 1976 Code, sec. 15-22; 1978, ch. 739; 1984, ch. 381; 2000, ch. 601; 2001, ch. 720.
For the purpose of providing funds for maintaining, repairing and operating its water and sewerage systems, and for its operation and other expenses, including proper depreciation allowances, and for interest on and the retirements of bonds as specified in this title, the Board may make the following charges:
   (1)   A water and sewer service charge. The rates for water and sewer service shall consist of a minimum or ready-to-serve charge which shall be based on the size of the meter on the water connection leading to the property, and of a charge for water used, which shall be based on the amount of water passing through the meter during the period between the last two readings. The meter shall be required to be placed on each water connection by and at the sole expense of the County and it shall remain the property of the County. The rates shall be classified within Carroll County in a manner as the Board deems advisable; provided, however, that a classification shall be based upon the quantities of water used and may be, insofar as possible, uniform throughout each system in Carroll County. If the Board at any time shall not have meters available to install in all the properties in a given locality that are connected to the system, then a flat rate shall be charged on properties in which meters have not yet been installed, which rate shall be uniform in each system and based upon the ready-to-serve charge and the amount of water used. Bills for water and sewer charges shall be sent quarterly or semi-annually as the Board may determine to each property served and shall be payable at the office of the Board or other place as the Board may designate. The charges shall be a lien upon the property served and collectible as elsewhere provided in this section. If any bill remains unpaid after thirty (30) days from date of sending, the Board, after written notice left on the premises or mailed to the last known address of the owner, shall turn off the water from the property in question; and the water shall not be turned on again until bill has been paid, including a penalty of ten dollars.
   (2)   A charge for the upkeep of water and sewerage systems against all properties having a connection with any water main or sewer under its operation or ownership. The charge for the upkeep of the water and sewerage system, if any, shall be made on such reasonable basis as the Board may determine and shall be collected annually in the same manner as are front foot benefit assessments against all property having a connection within a water main or sewer under the operation or ownership of the County and shall be a lien against the property. The charges shall be based on the classifications as the Board from time to time may establish and shall be uniform throughout each system within each classification; provided, however, that no charge for the upkeep of water and sewerage systems shall be made against any property in any year for which property is currently subject to a front foot benefit assessment as elsewhere in this title provided.
   (3)   Revolving fund.
      (i)   The Board may establish a continuing revolving fund that shall be used to assist property owners who are not eligible for state or federal assistance, but meet financial eligibility criteria set by the Board to facilitate connection to public water and sewerage systems.
      (ii)   Disbursements from the fund shall be used to pay the costs associated with water and sewerage system connections including, but not limited to, the municipal connection fees, well closures, electrical upgrades, and similar charges.
      (iii)   Property owners who have received disbursements from the fund shall repay the fund.
      (iv)   The Board shall:
         1.   Impose a lien on the property benefitted from the connection to public water and sewerage systems for the amount paid by the Board on the property owner’s behalf; and
         2.   Establish procedures for repayment to the fund by providing for annual payments to be added to the property owner’s property tax bills.
      (v)   The provisions of this section may be enforced under § 14-706 of this subtitle.
14-706. Enforcement of assessments.
1967, ch. 754, sec. 439W; 1973, ch. 104, sec. 439W; 1976 Code, sec. 15-23; 1978, ch. 739; 2000, ch. 601.
Front foot benefit assessments, drainage and assessments, water and sewer system upkeep charges, connection charges, and other charges which the Board is empowered to make shall be liens on the property served or benefitted and, in addition to being enforced by actions at law, may be enforced by a bill in equity against the property so served or benefitted. In addition to being enforced by actions at law and a bill in equity, the County Tax Collector, if directed by the Board, shall sell the property of the delinquent property owner in the same manner as other properties are sold at tax sale. The liens shall be subject only to liens for State and county taxes. The charges shall be due when made and after ninety (90) days from that date shall bear interest at the rate of one-half percent (0.5%) per month. Neither the due dates nor the interval between such dates need be uniform throughout Carroll County.
Subtitle 8. Penalties.
14-801. Penalty provisions.
1967, ch. 754, sec. 439X; 1973, ch. 104, sec 439X; 1973, ch. 601; 1976 Code, sec. 15-24; 1978, ch. 739; 2000, ch. 601.
Every act or omission designated as a misdemeanor in this title unless otherwise provided, shall be punishable by any District Court, and the offender upon conviction, is subject to a fine not exceeding $100 or to confinement in the county jail for not more than 30 days, or both in the discretion of the District Court. If the act or omission is of a continuing nature and is persisted in, in violation of the provisions of this title or of any rule or regulation formulated thereunder, a conviction for one offense shall not be a bar to the conviction for continuation of the offense subsequent to the first or any succeeding conviction.
Subtitle 9. Effect of Title.
14-901. Effect of Title.
1967, ch. 754, sec. 439AA; 1976 Code, sec. 15-27; 1978, ch. 739; 2000, ch. 601.
   (a)   All Acts and parts of Acts inconsistent with the provisions of this title are repealed to the extent of their inconsistency, providing that nothing herein contained shall be taken as restricting any control which the State Department of Health and Mental Hygiene and the State Department of Water Resources are empowered to exercise within Carroll County.
   (b)   The provisions of this title are severable, and it is the intention to confer the whole or any part of the powers herein provided for, and if any of the provisions of this title shall be held unconstitutional by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions of this title. It is declared to be the legislative intent that this title would have been adopted had such unconstitutional provision not been included.