§ 13-5-814. Special charges - Mayo Water Reclamation Subdistrict.  


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  • (a) Definitions. In this section, the following words have the meanings indicated.
    (1) "Phase 1 properties" means properties that had County wastewater service available prior to January 1, 1993, except for improvements to those properties added after January 1, 1993, that result in additional equivalent dwelling units.
    (2) "Phase 2 properties" means properties that:
    (i) have County wastewater service available on or after January 1, 1993; or
    (ii) have County wastewater service available prior to January 1, 1993, and add improvements after January 1, 1993, that result in additional equivalent dwelling units.
    (b) Capital facility connection charge for Phase 2 properties with allocation. For Phase 2 properties subject to receiving an allocation under § 13-5-403, the capital facility connection charge shall be paid at the time provided in that section.
    (c) Properties subject. Each property in the Mayo Water Reclamation Subdistrict is subject to the appropriate charges specified in this section, except that religious facilities, parsonages, incorporated nonprofit community association facilities, and nonprofit educational structures are exempt from capital facility connection charges.
    (d) Capital facility connection charges for connection to communal component. For connections to the large and small communal component of the Mayo System, the capital facility connection charge for each equivalent dwelling unit is $3,290 for phase 1 properties and the capital facility connection charge set forth in § 13-5-813(f) for phase 2 properties.
    (e) Capital facility connection charges for connection to onsite component. For connections to the onsite component of the Mayo System, the capital facility connection charge for each equivalent dwelling unit is:
    (1) $1,785 for phase 1 properties whose private septic systems are replaced as part of the Mayo System; and
    (2) the cost of all necessary system components for phase 2 properties as determined annually by the Director with the approval of the County Council.
    (f) Time for payment of capital facility connection charges for Phase 1 properties.
    (1) For phase 1 properties, the capital facility connection charge shall be paid in full when connection is made or one-third when connection is made and the balance, with interest, in equal installments with the quarterly wastewater service charge for a period coterminous with the life of the bonds issued to finance the system.
    (2) Any charge to be paid in quarterly installments shall be identified separately on the quarterly wastewater service bill.
    (3) A person making payment pursuant to subsection (f)(1) may elect to pay the initial one- third payment in monthly or annual installments over a five-year period if:
    (i) the connection is to be made to a single-family dwelling; or
    (ii) the connection is to be made to commercial or industrial property and satisfactory evidence of an inability to obtain private financing is presented to the Controller; and
    (iii) the person agrees to pay the unpaid balance of the charges at an interest rate determined by the Controller.
    (4) For phase 2 properties, the capital facility connection charge shall be paid in full on building permit application, during building permit review, or before building permit issuance, on determination by the County of the number of equivalent dwelling units attributable to the permit.
    (g) Unimproved property charge payment.
    (1) For all unimproved properties served by the large or small communal system, there is a service availability charge of $2,630 for each potential equivalent dwelling unit.
    (2) For all unimproved properties served only by the onsite component of the Mayo System, there is a service availability charge of $301 for each potential equivalent dwelling unit.
    (3) The charge may be paid in full or in 30 annual installments with interest. The charge shall be first billed and is payable following the date of release for service of the facilities servicing the area in which the property is located.
    (4) Effective January 1, 2009, the charge may be deferred without interest or penalty at the election of the property owner during any year in which the unimproved property is subject to a building moratorium imposed due to a lack of sewer capacity.
    (5) Any amount in excess of one unit of service availability charge that is assessed to a property may be deferred in accordance with the following:
    (i) except for an amended record plat change, the excess shall be due on subdivision of all or a portion of the property; and
    (ii) interest shall not accrue for any excess amount during a period of deferral.
    (h) Interest calculation. Interest payable under this section shall be at a rate determined by the Controller based on the current rate on invested County funds.
    (i) Service call charge. There is a service call charge of $30 for each on-lot wastewater service problem caused by the user. There is no charge for the first service call in a fiscal year.
    (j) Lien enforcement. Any lien of unpaid installments or deferred charges is subordinate only to the lien of State and County taxes and special benefit assessments, and payment shall be enforced at the same time and in the same manner as such taxes and assessments. The unpaid balance shall become due and payable upon title transfer by deed, except when at least one record owner remains the same either individually or as a trustee. The balance of the capital facility connection charge shall be subject to discount for the interest portion of the charges at the same rate as that applied for the levy.
    (1985 Code, Art. 6, § 5-208.1) (Bill No. 63-87; Bill No. 40-90; Bill No. 56-91; Bill No. 104-92; Bill No. 80-03; Bill No. 5-05; Bill No. 17-09; Bill No. 111-15; Bill No. 78-16)