Download Zipped Introduced WP 9 HB0273.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]
5 This act modifies the Utah Municipal Code to prohibit a municipality from refusing to
6 furnish water to property based on an arrearage from a previous owner or from
7 collecting a previous owner's arrearage from the current owner. The act also makes
8 technical changes.
9 This act affects sections of Utah Code Annotated 1953 as follows:
11 10-8-38, as last amended by Chapter 365, Laws of Utah 1999
13 10-7-10.5, Utah Code Annotated 1953
15 10-7-10, Utah Code Annotated 1953
16 10-7-11, Utah Code Annotated 1953
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 10-7-10.5 is enacted to read:
19 10-7-10.5. Authority to require written application for water service and to
20 terminate service for failure to pay -- Limitations.
21 (1) A municipality that owns or controls a system for furnishing water may:
22 (a) before furnishing water to a property, require the property owner or an authorized
23 agent to submit a written application, signed by the owner or an authorized agent, agreeing to
24 pay for all water furnished to the property, whether occupied by the owner or by a tenant or
25 other occupant, according to the ordinances, rules, and regulations adopted by the municipality;
27 (b) if an owner fails to pay for water furnished to the owner's property, discontinue
28 furnishing water to the property until all amounts for water furnished are paid, subject to
29 Subsection (2).
30 (2) (a) A municipality may not use an owner's failure to pay for water furnished to the
31 owner's property as a basis for not furnishing water to the property after ownership of the
32 property is transferred to a subsequent owner.
33 (b) A municipality may not require an owner to pay for water that was furnished to the
34 property before the owner's ownership.
35 Section 2. Section 10-8-38 is amended to read:
36 10-8-38. Drainage and sewage systems -- Construction regulation and control --
37 Retainage -- Mandatory hookup -- Charges for use -- Collection of charges -- Service to
38 tenants -- Failure to pay for service -- Service outside municipality.
39 (1) (a) Boards of commissioners, city councils, and boards of trustees of cities and
40 towns may construct, reconstruct, maintain, and operate, sewer systems, sewage treatment
41 plants, culverts, drains, sewers, catch basins, manholes, cesspools, and all systems, equipment,
42 and facilities necessary to the proper drainage, sewage, and sanitary sewage disposal
43 requirements of the city or town and regulate the construction and use thereof.
44 (b) If any payment on a contract with a private person, firm, or corporation to construct
45 or reconstruct sewer systems, sewage treatment plants, culverts, drains, sewers, catch basins,
46 manholes, cesspools, and other drainage and sewage systems is retained or withheld, it shall be
47 retained or withheld and released as provided in Section 13-8-5 .
48 (2) (a) [
49 of [
50 maintaining, or operating a sewer system or sewage treatment plant, [
52 (i) require connection to the sewer system if the sewer is available and within 300 feet
53 of [
54 (ii) make a reasonable charge for the use [
56 the sewer system.
57 (b) A municipality operating a waterworks system and a sewer system or sewage
58 treatment plant may:
59 (i) make one charge for the combined use of water and the services of the sewer
62 (ii) adopt an ordinance [
64 service [
66 according to the ordinance enacted by the municipality, for [
67 furnished [
77 (c) (i) If a person fails to connect to the sewer [
79 the sewer service [
80 required under applicable municipal ordinances [
81 municipality may cause the water to be shut off from [
83 (A) hooked up to the sewer at [
85 (B) paid in full for all sewer service.
87 (ii) A municipality may not use an owner's failure to pay for sewer service furnished to
88 the owner's property as a basis for not furnishing water to the property after ownership of the
89 property is transferred to a subsequent owner.
90 (iii) A municipality may not require an owner to pay for sewer service that was
91 furnished to the property before the owner's ownership.
92 (d) A municipality may sell and deliver [
93 sewer services [
95 municipality's waterworks or sewer system.
96 Section 3. Repealer.
97 This act repeals:
98 Section 10-7-10, Water rates -- Owner of premises liable.
99 Section 10-7-11, Failure to pay for service -- Termination.
Legislative Review Note
as of 2-6-03 7:32 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.