[Adopted 3-2-1964 by Ord. No. 11]
[Amended 7-6-2004]
The owner of all houses, buildings or properties
used for human occupancy, employment, recreation or for any other
purpose, situated within the Town of Millsboro and abutting on any
street, alley or right-of-way in which there is now located or may
in the future be located public water facilities of the Town, is hereby
required to connect the property directly with the public water in
accordance with the provisions of this article within 30 days after
date of official notice to do so. Geothermal heating/cooling systems
shall not be connected to the Town's public water system. Such system
shall be served solely by private wells subject to federal, state,
county, and Town regulations.
For the purposes of this article, the term "owner"
shall be deemed to include persons who own property as tenants by
the entirety, tenants in common or joint tenants, in addition to other
natural persons or firms and corporations.
The Secretary of the Town Council, at the direction
of the Town Council, shall send to the owner of each property required
to be connected with the public water facilities of the Town a notice
to proceed immediately to connect the property owned by him with the
public water facilities. The notice required to be sent pursuant to
this section shall be sent by registered mail with return receipt
requested to the last known address of the owner.
If the owner fails to connect the property owned by him with the public water facilities in accordance with the notice sent pursuant to § 206-3, the Town Council may proceed, after the expiration of 30 days following the date of delivery of said notice, to have the required work done. All connections made pursuant to this section by the Town Council shall be at the sole expense of the owner and without any expense or liability on the part of the Town Council.
Following the completion of the work, the Secretary
of the Town Council, at the direction of the Town Council, shall send
by registered mail with return receipt requested to the last known
address of the owner an itemized account of the cost for making the
connection to the public water facilities. If said bill is not paid
within 15 days following delivery thereof, the Secretary of the Town
Council shall proceed to institute an action in the name of the Town
Council of Millsboro before any Justice of the Peace of the County
of Sussex if the amount of the demand be $500 or less, or before the
Superior Court of the State of Delaware if the amount of the demand
be more then $500 and thereupon to obtain judgment for the amount
of such demand and to collect the same in the manner provided for
the collection of judgments in the State of Delaware.
