United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-8-38

Municipal officials may build and regulate sewer-related systems, require nearby properties to connect, charge for sewer use, and shut off water for noncompliance or nonpayment in limited cases.

Source excerpt

contract paymentsdrainage infrastructuredrainage systemsmunicipal chargesmunicipal ordinancemunicipal ordinancesmunicipal utilitiesproperty owner applicationpublic workssewage treatmentsewer connectionsewer servicesewer servicessewer systemsutility billingutility chargeswastewater treatmentwater servicewater serviceswater shutoff

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“Municipal officials may build and regulate sewer-related systems, require nearby properties to connect, charge for sewer use, and shut off water for noncompliance or nonpayment in limited cases.”

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Municipal officials may build and regulate sewer-related systems, require nearby properties to connect, charge for sewer use, and shut off water for noncompliance or nonpayment in limited cases.

Section 10-8-38

Subsection 10-8-38(2)

Section 10-8-38(2)

Subsection 10-8-38(2)(b)

A municipality running both water and sewer-related systems may set one combined charge and may adopt an ordinance requiring a property owner to file a signed written application and agree to pay for the service provided.

Section 10-8-38(2)(b)

Subsection 10-8-38(2)(c)(i)

If a person does not connect to the sewer when required, or does not pay for sewer service, the municipality may shut off water to the premises until the person hooks up at their own expense or pays in full.

Section 10-8-38(2)(c)(i)

Subsection 10-8-38(2)(d)

A municipality may sell and deliver water or sewer services to others beyond the limits of the municipality from the surplus capacity of the municipality's waterworks or sewer system.

Section 10-8-38(2)(d)

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Showing 17 of 17 provisions

Provision 17

§ 10-8-38Drainage and sewage systems -- Construction regulation and control -- Retainage -- Mandatory hookup -- Charges for use -- Collection of charges -- Service to tenants -- Failure to pay for service -- Service outside municipality.Provision

Source excerpt

Municipal officials may build and regulate sewer-related systems, require nearby properties to connect, charge for sewer use, and shut off water for noncompliance or nonpayment in limited cases.

Drainage and sewage systems -- Construction regulation and control -- Retainage -- Mandatory hookup -- Charges for use -- Collection of charges -- Service to tenants -- Failure to pay for service -- Service outside municipality. Boards of commissioners, city councils, and boards of trustees of cities and towns may construct, reconstruct, maintain, and operate, sewer systems, sewage treatment plants, culverts, drains, sewers, catch basins, manholes, cesspools, and all systems, equipment, and facilities necessary to the proper drainage, sewage, and sanitary sewage disposal requirements of the city or town and regulate the construction and use thereof. If any payment on a contract with a private person, firm, or corporation to construct or reconstruct sewer systems, sewage treatment plants, culverts, drains, sewers, catch basins, manholes, cesspools, and other drainage and sewage systems is retained or withheld, it shall be retained or withheld and released as provided in Section 13-8-5 . In order to defray the cost of constructing, reconstructing, maintaining, or operating a sewer system or sewage treatment plant, a municipality may: require connection to the sewer system if the sewer is available and within 300 feet of the property line of a property with a building used for human occupancy; and make a reasonable charge for the use of the sewer system. A municipality operating a waterworks system and a sewer system or sewage treatment plant may: make one charge for the combined use of water and the services of the sewer system or sewage treatment plant; and adopt an ordinance requiring a property owner desiring water and sewer service to submit a written application, signed by the owner or the owner's authorized agent, agreeing to pay, according to the ordinance enacted by the municipality, for the water and sewer service furnished the owner. If a person fails to connect to the sewer when connection is required under Subsection (2)(a)(i) or fails to pay for the sewer service as required under applicable municipal ordinances, then the municipality may cause the water to be shut off from the premises until the person has: hooked up to the sewer at the person's own expense; or paid in full for all sewer service. A municipality may not use an owner's failure to pay for sewer service furnished to the owner's property as a basis for not furnishing water to the property after ownership of the property is transferred to a subsequent owner. A municipality may sell and deliver water or sewer services to others beyond the limits of the municipality from the surplus capacity of the municipality's waterworks or sewer system.

Section 10-8-38Verify source

§ 10-8-38(1)Subsection 10-8-38(1)Provision

Source excerpt

Boards of commissioners, city councils, and boards of trustees of cities and towns may construct, reconstruct, maintain, and operate, sewer systems, sewage treatment plants, culverts, drains, sewers, catch basins, manholes, cesspools, and all systems, equipment, and facilities necessary to the proper drainage, sewage, and sanitary sewage disposal requirements of the city or town and regulate the construction and use thereof. If any payment on a contract with a private person, firm, or corporation to construct or reconstruct sewer systems, sewage treatment plants, culverts, drains, sewers, catch basins, manholes, cesspools, and other drainage and sewage systems is retained or withheld, it shall be retained or withheld and released as provided in Section 13-8-5 .

Section 10-8-38(1)Verify source

§ 10-8-38(1)(a)Subsection 10-8-38(1)(a)Provision

Source excerpt

City boards may build, maintain, operate, and regulate sewer and drainage infrastructure for city or town needs.

Section 10-8-38(1)(a)Verify source

§ 10-8-38(1)(b)Subsection 10-8-38(1)(b)Provision

Source excerpt

If payment on certain sewer or drainage construction contracts is retained or withheld, it must be handled and released under Section 13-8-5.

If any payment on a contract with a private person, firm, or corporation to construct or reconstruct sewer systems, sewage treatment plants, culverts, drains, sewers, catch basins, manholes, cesspools, and other drainage and sewage systems is retained or withheld, it shall be retained or withheld and released as provided in Section 13-8-5 .

Section 10-8-38(1)(b)Verify source

§ 10-8-38(2)Subsection 10-8-38(2)Provision

Source excerpt

In order to defray the cost of constructing, reconstructing, maintaining, or operating a sewer system or sewage treatment plant, a municipality may: require connection to the sewer system if the sewer is available and within 300 feet of the property line of a property with a building used for human occupancy; and make a reasonable charge for the use of the sewer system. A municipality operating a waterworks system and a sewer system or sewage treatment plant may: make one charge for the combined use of water and the services of the sewer system or sewage treatment plant; and adopt an ordinance requiring a property owner desiring water and sewer service to submit a written application, signed by the owner or the owner's authorized agent, agreeing to pay, according to the ordinance enacted by the municipality, for the water and sewer service furnished the owner. If a person fails to connect to the sewer when connection is required under Subsection (2)(a)(i) or fails to pay for the sewer service as required under applicable municipal ordinances, then the municipality may cause the water to be shut off from the premises until the person has: hooked up to the sewer at the person's own expense; or paid in full for all sewer service. A municipality may not use an owner's failure to pay for sewer service furnished to the owner's property as a basis for not furnishing water to the property after ownership of the property is transferred to a subsequent owner. A municipality may sell and deliver water or sewer services to others beyond the limits of the municipality from the surplus capacity of the municipality's waterworks or sewer system.

Section 10-8-38(2)Verify source

§ 10-8-38(2)(a)Subsection 10-8-38(2)(a)Provision

Source excerpt

A municipality may require sewer connection for certain nearby properties and may make a reasonable charge for sewer use.

Section 10-8-38(2)(a)Verify source

§ 10-8-38(2)(a)(i)Subsection 10-8-38(2)(a)(i)Provision

Source excerpt

A property owner must connect to the sewer system when the sewer is available and within 300 feet of the property line of a property with a building used for human occupancy.

require connection to the sewer system if the sewer is available and within 300 feet of the property line of a property with a building used for human occupancy; and

Section 10-8-38(2)(a)(i)Verify source

§ 10-8-38(2)(a)(ii)Subsection 10-8-38(2)(a)(ii)Provision

Source excerpt

make a reasonable charge for the use of the sewer system.

Section 10-8-38(2)(a)(ii)Verify source

§ 10-8-38(2)(b)Subsection 10-8-38(2)(b)Provision

Source excerpt

A municipality operating a waterworks system and a sewer system or sewage treatment plant may: make one charge for the combined use of water and the services of the sewer system or sewage treatment plant; and adopt an ordinance requiring a property owner desiring water and sewer service to submit a written application, signed by the owner or the owner's authorized agent, agreeing to pay, according to the ordinance enacted by the municipality, for the water and sewer service furnished the owner.

Section 10-8-38(2)(b)Verify source

§ 10-8-38(2)(b)(i)Subsection 10-8-38(2)(b)(i)Provision

Source excerpt

A charge must be made as one combined charge for water and sewer-related services.

make one charge for the combined use of water and the services of the sewer system or sewage treatment plant; and

Section 10-8-38(2)(b)(i)Verify source

§ 10-8-38(2)(b)(ii)Subsection 10-8-38(2)(b)(ii)Provision

Source excerpt

A property owner seeking water and sewer service must submit a written application signed by the owner or the owner’s authorized agent.

adopt an ordinance requiring a property owner desiring water and sewer service to submit a written application, signed by the owner or the owner's authorized agent, agreeing to pay, according to the ordinance enacted by the municipality, for the water and sewer service furnished the owner.

Section 10-8-38(2)(b)(ii)Verify source

§ 10-8-38(2)(c)Subsection 10-8-38(2)(c)Provision

Source excerpt

A municipality may shut off water to premises if a person fails to connect to sewer service when required or fails to pay required sewer charges, until the person connects at their own expense or pays in full. It may not deny water to a transferred property based on the prior owner's unpaid sewer bill.

If a person fails to connect to the sewer when connection is required under Subsection (2)(a)(i) or fails to pay for the sewer service as required under applicable municipal ordinances, then the municipality may cause the water to be shut off from the premises until the person has: hooked up to the sewer at the person's own expense; or paid in full for all sewer service. A municipality may not use an owner's failure to pay for sewer service furnished to the owner's property as a basis for not furnishing water to the property after ownership of the property is transferred to a subsequent owner.

Section 10-8-38(2)(c)Verify source

§ 10-8-38(2)(c)(i)Subsection 10-8-38(2)(c)(i)Provision

Source excerpt

Section 10-8-38(2)(c)(i)Verify source

§ 10-8-38(2)(c)(i)(A)Subsection 10-8-38(2)(c)(i)(A)Provision

Source excerpt

The person must be hooked up to the sewer at the person's own expense.

hooked up to the sewer at the person's own expense; or

Section 10-8-38(2)(c)(i)(A)Verify source

§ 10-8-38(2)(c)(i)(B)Subsection 10-8-38(2)(c)(i)(B)Provision

Source excerpt

paid in full for all sewer service.

Section 10-8-38(2)(c)(i)(B)Verify source

§ 10-8-38(2)(c)(ii)Subsection 10-8-38(2)(c)(ii)Provision

Source excerpt

A municipality may not deny water service to a property after it is sold to a new owner because the prior owner failed to pay sewer charges.

A municipality may not use an owner's failure to pay for sewer service furnished to the owner's property as a basis for not furnishing water to the property after ownership of the property is transferred to a subsequent owner.

Section 10-8-38(2)(c)(ii)Verify source

§ 10-8-38(2)(d)Subsection 10-8-38(2)(d)Provision

Source excerpt

A municipality may sell and deliver water or sewer services to others beyond the limits of the municipality from the surplus capacity of the municipality's waterworks or sewer system.

Section 10-8-38(2)(d)Verify source

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Utah Code § 10-8-38

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