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Q: Municipal Water / Sewer Utilities Charging Monthly "Failure To Connect" Penalty ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: Municipal Water / Sewer Utilities Charging Monthly "Failure To Connect" Penalty
Category: Miscellaneous
Asked by: jkloss1-ga
List Price: $20.00
Posted: 20 Jan 2006 09:05 PST
Expires: 19 Feb 2006 09:05 PST
Question ID: 435842
Are there any documented cases in the U.S. within the last 50 years
where a municiple water / sewer utility has attempted (successfully or
unsuccessfully) to charge a monthly 'penalty fee' to people who do not
hook up to the utility?

I live in Talkeetna, Alaska (an unincorporated village) where the
water / sewer utility is controlled and operated by the
Matanuska-Susitna (Mat-Su) borough.  They have recently proposed
changes to the water / sewer Rules, Rates and Procedures that include
a $44.93 monthly "Failure To Connect Penalty" fee
(http://www.matsugov.us/PDF/publicnotice/Talkeetna%20Water%20Service%20Changes.pdf
- Page 24) for water and the same $44.93 monthly penalty fee for not
hoooking up to sewer
(http://www.matsugov.us/PDF/publicnotice/Talkeetna%20Sewer%20Service%20Changes.pdf).

I am attempting to determine if this 'monthly penalty fee' is unique
or if other municipal utilities have attempted the same thing. 
Although probably not useful in your research, the background
concerning this issue here in Talkeetna, Alaska is at: 
http://talkeetna-alaska.com/water.php
Answer  
Subject: Re: Municipal Water / Sewer Utilities Charging Monthly "Failure To Connect" Penalty
Answered By: tutuzdad-ga on 20 Jan 2006 11:15 PST
Rated:5 out of 5 stars
 
Dear jkloss1-ga

Thank you for allowing me to answer your interesting question. Such an
ordinance does exist in many other places and it is successfully
enforced. In Provincetown, Massachusetts, for example there is a
regulation that requires residents to connect to the utilities if/when
they become available and failure to do so can result in the levy of a
$50.00 per day penalty for each day the violation exists.

SECTION 7: OPERATIONS
B. CONNECTION TO PUBLIC SEWER; ABANDONMENT OF SEPTIC SYSTEM.
http://www.provincetowngov.org/works/sewer/2003newsewerregs.htm

A similar ordinance exists in Center Township, Pennsylvania:

?§15-305. Failure to Connect After Notice
If the owner or occupier of any house, building or structure in the
municipality shall neglect or refuse to comply with the provisions of
this Chapter after written notice as prescribed in the previous
Section, the municipality or the operating authority may perform or
cause to be performed such work and labor and finish or cause to be
finished such material as may be necessary to comply with the
provisions of this Chapter at the cost and expense of such owner or
occupier together with a ten percent (10%) additions thereto and all
charges and expense incidental thereto, which sums shall be collected
from said owner or occupier as debts by law are collected or the
municipality or the operating authority may file a municipal claim and
lien therefore against the property as provided by law.?
CHAPTER 15 ARTICLE III
http://www.centertownship.net/ch15a3.htm

?and in University Place, Washington:

ORDINANCE DRAFT
http://www.cityofup.com/Planning/SewerServiceStrategy/AppendixD_Mandatory_Sewer_Ordinance12-10-03JP.pdf

?and in Oconomowoc, Wisconsin

?A motion was made by Supervisor Case to approve a one-month reduction
in the penalty for failure to connect to the sewer assessed to Tony
Zitzelberger.?

?A motion was made by Baade and seconded by Husak to approve that the
penalty assessed to Alan Miller for failure to connect to the sewer??

MEETING MINUTES TOWN OF OCONOMOWOC
http://www.townocon.com/TBMinutes/2004/01.19.04.htm

?and in Jefferson County, Wisconsin:

" FAILURE TO CONNECT. If the owner or his agent fails to comply, after
10 days notice as herein provided, the notifying officer may cause
connection to be made and the expense thereof assessed as a special
assessed as a special assessment tax against the property.?
JEFFERSON COUNTY, WISCONSIN
http://www.gojefferson.com/jefferson/council/code/chap11.htm

?and the City of Burlington, Washington:

?13.04.400 Failure to connect ? Penalty.
Any person failing to connect a residential unit to the city sewer
system in compliance with BMC 13.04.020 shall pay a penalty to the
city in the amount equal to the minimum residential service charge
that would be made for sewer service if the property was connected to
such system. The minimum service charge will be based on the location
of the property whether it is inside the city limits or is located
outside of the city limits per BMC 13.08.030 and 13.08.065. All
penalties collected shall be considered revenue of the system. (Ord.
1517 § 3, 2003; Ord. 846 Art. VIII § 3, 1976).?

CITY OF BURLINGTON, WASHINGTON
http://www.mrsc.org/mc/burlington/Burlng13.html#13.04.400

These are only a small sample of the many locations where such
penalties exist. I hope you find that my answer exceeds your
expectations. If you have any questions about my research please post
a clarification request prior to rating the answer. Otherwise I
welcome your rating and your final comments and I look forward to
working with you again in the near future. Thank you for bringing your
question to us.

Best regards;
Tutuzdad-ga ? Google Answers Researcher



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Fine
jkloss1-ga rated this answer:5 out of 5 stars
Thank you.  That was precisely the information I needed.  This was my
first experience using Google Answers (I usually do searches like that
myself) and based on the quick and accurate results, I won't hesitate
to use Google Answers again.

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