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H.B. 273





Sponsor: Steven R. Mascaro

             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:
             10      AMENDS:
             11          10-8-38, as last amended by Chapter 365, Laws of Utah 1999
             12      ENACTS:
             13          10-7-10.5, Utah Code Annotated 1953
             14      REPEALS:
             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;
             26      and
             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) [Any city or town may, for the purpose of defraying] In order to defray the cost
             49      of [construction, reconstruction, maintenance or operation of any] constructing, reconstructing,
             50      maintaining, or operating a sewer system or sewage treatment plant, [provide for mandatory
             51      hookup where] a municipality may:
             52          (i) require connection to the sewer system if the sewer is available and within 300 feet
             53      of [any] the property line of a property with [any] a building used for human occupancy; and
             54          (ii) make a reasonable charge for the use [thereof. In order to enforce the mandatory
             55      hookup to the sewer where available and the collection of any such charge, any city or town] of
             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
             60      system[, including the services of any] or sewage treatment plant [operated by the city or town
             61      and may provide by]; and
             62          (ii) adopt an ordinance [that application for service from such combined system shall
             63      be made in writing, signed by the] requiring a property owner desiring [such] water and sewer
             64      service [or his authorized agent, in which] to submit a written application [such owner shall
             65      agree that he will], signed by the owner or the owner's authorized agent, agreeing to pay,
             66      according to the ordinance enacted by the municipality, for [all] the water and sewer service
             67      furnished [such] the owner [according to the rules and regulations enacted in the ordinance of
             68      such city or town].
             69          [(b) In case an application for furnishing service from such combined systems shall be
             70      made by a tenant of the owner, such city or town may require as a condition of granting the
             71      same that such application contain an agreement signed by the owner or his duly authorized
             72      agent to the effect that in consideration of granting such application the owner will pay for all
             73      service furnished such tenant or any other occupant of the premises named in the application in
             74      case such tenant or occupant shall fail to pay for the same according to the ordinance of such
             75      city or town.]
             76          [(c) In case any person shall fail to hookup]
             77          (c) (i) If a person fails to connect to the sewer [where available and in case any
             78      applicant shall fail] when connection is required under Subsection (2)(a)(i) or fails to pay for
             79      the sewer service [furnished according to the rules and regulations prescribed by the] as
             80      required under applicable municipal ordinances [of such city or town], then the [city or town]
             81      municipality may cause the water to be shut off from [such] the premises [and shall not be
             82      required to turn the same on again] until [such] the person has:
             83          (A) hooked up to the sewer at [his] the person's own expense; or [all arrears for service
             84      furnished shall be]
             85          (B) paid in full for all sewer service.
             86          [(d) Cities and towns]
             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 [from the surplus capacity thereof,] water or
             93      sewer services [of any such system or facility not required by the municipality or its
             94      inhabitants] to others beyond the limits of the municipality from the surplus capacity of the
             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.

Office of Legislative Research and General Counsel

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