[1959 Code, sec. 410. 1951, ch. 534, sec.
128]
The City of Salisbury shall have the power:
A.
To operate the water system and the waterworks of
the city.
B.
To construct and operate a sanitary sewerage system,
a sewage treatment plant and stormwater sewers.
C.
[1]To construct, maintain, reconstruct, enlarge, alter, repair,
improve or dispose of all parts, installations and structures of the
above systems and plants.
D.
To have surveys, plans, specifications and estimates
made for any of the above plants or systems or parts thereof or the
extension thereof.
E.
To do such things as may be necessary for the efficient
operation and maintenance of the above plants and systems.
[1959 Code, sec. 411. 1951, ch. 534, sec.
129] [Amended 9-11-2017 by Res.
No. 2017-7]
The construction, operation, maintenance and
repair of the city's water supply system, water plant, sanitary sewerage
system, sewage treatment plant and stormwater sewers and all other
matters pertaining thereto as provided in this Charter shall be under
the direction and supervision of the Department of Water Works.
[1959 Code, sec. 413. 1951, ch. 534, sec.
131] [Amended 9-11-2017 by Res.
No. 2017-7]
Any public service corporation, company or individual,
before beginning any construction or placing or changing the location
of any main, conduit, pipe or other structure in the public ways of
the city, shall submit plans to the Director of Water Works and obtain
his written approval. Any public service corporation, company or individual
violating the provisions of this section shall be guilty of a misdemeanor.
If any unauthorized main, conduit, pipe or other structure interferes
with the operation of the water, sewerage or stormwater systems, the
Department of Public Works may order it removed.
[1959 Code, sec. 414. 1951, ch. 534, sec.
132] [Amended 9-11-2017 by Res.
No. 2017-7]
All individuals, firms or corporations having mains, pipes, conduits or other structures in, on or over any public way which impede the establishment, construction or operation of any sewer or water main shall, upon reasonable notice, remove or adjust the obstructions to the satisfaction of the Director of Water Works. If necessary to carry out this section, the city may use its condemnation powers provided in § SC15-1 to remove the obstructions.
[1959 Code, sec. 415. 1951, ch. 534, sec.
133]
The city may enter upon or do construction in
any county public way (except state highways) for the purpose of installing
or repairing any equipment or doing any other things necessary to
establish, operate and maintain the water system, sanitary sewerage
system, sewage treatment plant or stormwater sewers provided for in
this Charter. The city need not obtain any permit or pay any charge
for these operations; but it must notify the county of its intent
to enter on the public way and must leave the public way in a condition
not inferior to that existing before. When the city desires to enter
on any state highway for the purposes aforesaid, it must first comply
with the provisions of Section 21 of Article 89B of the Code of Public
General Laws of Maryland (1939 Edition).[1]
[1]
See § 43 of Article 89B of the 1957
Edition of the Annotated Code of Maryland.
[1959 Code, sec. 416. 1951, ch. 534, sec.
134]
The City of Salisbury shall have the power to
acquire by gift, purchase, lease or condemnation any land, improvements,
rights-of-way, sources of water or other property of any kind or interest
therein or franchise connected therewith within Wicomico County, whether
used for public, quasi-public or private purposes, either in fee or
as an easement, for the purpose of establishing, operating, extending
or maintaining the water system, sanitary sewerage system, sewage
treatment plant, stormwater sewers or garbage incinerator plant provided
for in this Charter. Any condemnation proceedings under this section
shall be carried on in accordance with the provisions of § SC15-1
of this Charter, and the activities mentioned in this section shall
be considered as public improvements within the meaning of § SC15-1
of this Charter.
[1959 Code, sec. 417. 1951, ch. 534, sec.
135] [Amended 4-22-2002 by Res. No. 838; 9-11-2017 by Res. No. 2017-7]
The City of Salisbury shall provide a connection
with water and sanitary sewer mains for all property located within
the City and abutting on any public way in which a sanitary sewer
or water main is laid. The City shall determine an appropriate fee
or assessment for connection to the water and sanitary sewer main.
When any water main or sanitary sewer is declared ready for operation
by the Department of Water Works, all abutting property owners after
reasonable notice shall connect all fixtures with the water or sewer
main. The Director of Water Works may require that, if existing fixtures
are unsatisfactory, new ones be installed and may require that all
septic tanks, sink drains and privies be abandoned and left in such
a way as not to injure public health. All wells found to be polluted
or a menace to health by the Director of Water Works shall be abandoned
and closed. Any violation of the provisions of this section shall
be a misdemeanor.
[1959 Code, sec. 418. 1951, ch. 534, sec.
136]
To facilitate connections with water and sewer
mains, the Council may establish a Revolving Fund of not more than
twenty-five percent (25%) of the depreciation reserve of the water
and sewer revenue to finance the installation of the minimum number
of fixtures in residences or dwellings required by the Plumbing Code
of the city. Should any property owner for financial or other reasons
be unable or fail to connect to the water or sewer mains upon reasonable
notice, the city shall do the work or have it done. The cost of the
work with six-percent interest shall be collected from the property
owner over a four-year period. All such charges shall be a lien against
the property and shall be collectible as city taxes are collected.
These charges shall be billed and collected by the Department of Finance.
[1959 Code, sec. 419. 1951, ch. 534, sec.
137] [Amended 7-12-1982 by Res. No. 241]
The City of Salisbury shall have the power to
extend its water or sewerage systems beyond the city limits. All charges
for any such project or service shall be as established by the Council
as policy as established by ordinance or resolution.
[1959 Code, sec. 420. 1951, ch. 534, sec.
138] [Amended 7-10-1961 by Res. No. 7; [1] 9-11-2017 by Res. No.
2017-7]
Within such parts of the city and within such
areas beyond the city limits as have been supplied with water or sewerage
systems by the city, no water supply, sewerage or stormwater drainage
or any part or appurtenances thereof, and no water mains, sewers or
drains or connections therewith, shall be constructed by any person
or persons, firm, corporation, institution or community, whether upon
private premises or otherwise, without the written consent of and
under rules prescribed by the Department of Water Works. Any violation
of the provisions of this section shall be a misdemeanor.
[1]
The preamble to Res. No. 7, adopted 7-10-1961,
was as follows:
"Whereas Section 137 of the City's Charter
(being Section 419 of the Code of Public Local Laws of Wicomico County,
1959 Edition) grants power to the City of Salisbury to extend its
water or sewerage systems beyond the City limits, and various extensions
of such systems have been made from time to time heretofore and are
now supplying water or sewerage service to areas outside the corporate
limits; and
"Whereas Section 138 of the City's Charter
(being Section 420 of the Code of Public Local Laws of Wicomico County,
1959 Edition) prohibiting the construction of private water, sewerage
and drainage systems without the written consent of and under rules
prescribed by the Department of Public Works by its terms applies
only to areas within the City limits which have been supplied with
water or sewerage systems; and
"Whereas it is believed that the said prohibition
against such private construction should extend also to areas outside
the corporate limits which have been supplied by the City with water
or sewerage systems because the dangers of pollution and unauthorized
use of the City's water or sewerage systems from unauthorized private
systems are equally as great in such areas beyond the corporate limits,
and the difficulties to the Department of Public Works of making proper
inspections and enforcing adequate supervision and controls are greater
in such areas outside the corporate limits."
[1959 Code, sec. 421. 1951, ch. 534, sec.
139]
No person shall do anything which will discolor,
pollute or tend to pollute any water used or to be used in the city
water supply system. Any violation of the provisions of this section
shall be a misdemeanor.
[1959 Code, sec. 422. 1951, ch. 534, sec.
140]
For the purpose of financing and paying for
the construction, operation, maintenance and repair of the water supply
system, water plant, sanitary sewerage system, sewage treatment plant,
stormwater sewers, garbage incinerator plant and other improvements
provided for under the provisions of this Article, the City of Salisbury
shall have the power:
A.
To issue bonds in accordance with the provisions of
§ SC7-46 of this Charter.
B.
To assess the cost of these projects or any part thereof
on the property abutting on the water, sewerage and storm-water sewers
in accordance with § SC14-2 of this Charter.
C.
To charge and collect such service rates, water rents
or other charges as may be necessary for water supplied and for the
removal of sewage. These charges are to be billed and collected by
the Department of Finance and, if water bills are uncollected within
thirty (30) days, the water may be turned off. All charges shall be
a lien on the property, collectible in the same manner as city taxes.
