§ 67.1-10-5. When Charges Payable.

(a)

Availability, connection and lateral spur charges generally: Except as otherwise provided in this Article, sewer availability, connection and lateral spur charges shall be due and payable in full at or prior to the time of connection of the premises to the Facilities of the County. Unless otherwise provided in this Article, no such connection shall be made unless there shall first have been paid all applicable availability, connection, and lateral spur charges.

(b)

Payments for projects requiring bonding: One hundred percent of the sewer tap availability charges shall be paid for those sections of the project to be bonded after a final subdivision plat is recorded or final site plan approved, and before the issuance of a building permit. An application for a building permit must be made before availability payments will be accepted. However, in sewer-sheds where there is a shortage of sanitary sewer capacity, sewer tap availability charges shall be paid within 90 days of notification of sewer availability or the priority established will be forfeited and the capacity reallocated. This notification will be sent when the plan reaches the readiness for bonding stage.

(c)

Payments for projects not requiring bonding: One hundred percent of the sewer tap availability fees shall be paid for all projects not requiring bonding after a plot plan has been submitted and before the issuance of a building permit. However, in sewer-sheds where there is a shortage of sanitary sewer capacity, sewer tap availability charges shall be paid within 90 days of notification of sewer availability or the priority established will be forfeited and the capacity reallocated. The lot for which the availability fee is being accepted must be duly recorded and within the Board approved sanitary sewer service area.

(d)

Refunds and updates: Except for new industrial/commercial and other nonresidential subdivisions, sewer availability charges paid subsequent to February 24, 1976, will be refunded without interest to any person who (1) fails to obtain building permits within the initial bonding period or who (2) having obtained new building permits allows them to expire and become non-reissuable. All sewer tap availability charges paid subsequent to February 24, 1976, shall be updated by or refunded without interest to any person who has not yet connected to the Facilities of the County within five years of the initial date of payment or any subsequent payment update(s) of said sewer availability charges. The amount of the updated fee will equal the current fee less the previous amount paid.

(e)

Billing: Bills for service and base charges established and imposed by this Article shall be rendered quarterly and shall be due and payable quarterly. Any charges not paid within 30 days after they are due and payable shall be deemed delinquent and, thereafter until paid, the User of the premises shall cease discharging directly or indirectly into the Facilities of the County sewage or industrial waste originating from or on the premises to which such charges are applicable. If such User shall not cease such discharge within 60 days after such charges are due and payable, the water supplier supplying water for the use of such premises may cease supplying water thereto.

(f)

In the event that the water supplier serving the premises of any User employs a periodic meter reading and billing system at intervals other than quarterly, the service charges imposed by Section 67.1-10-2 shall be adjusted accordingly to reflect a quarterly billing system.

(g)

In the event that billing is not initiated at the time of connection, due to no error on the part of the County, the County may backbill the User or property owner of rental properties to the date of connection to the system. (39-93-67.1; 36-95-67.1; 6-98-67.1; 15-99-67.1; 16-00-67.1; 12-01-67.1; 21-02-67.1; 19-03-67.1; 15-04-67.1; 19-05-67.1; 09-06-67.1; 13-07-67.1; 29-08-67.1; 28-09-67.1; 11-10-67.1.)