[Adopted 3-3-1997 by Ord. No. O97-02; amended in its entirety 12-7-2015 by Ord. No. O2015-09]
In the event any owner of any property used for business purposes
within any water/sewer service area of the Town of Oakland, or subject
to any assessment for water/sewer services, has not paid the Town's
assessments and charges for said services for a period of 45 calendar
days, after having been billed for said services, the Town shall have
the right and authority to discontinue its service to said property,
upon 24 hours' notice to said owner, as provided for herein, by entering
upon the property, shutting off the water or excavating the sewer
line leading to any building or structure on the said property, and
capping the same to prevent the flow of sewage from the said property
into the Town's collector system.
Before the Town shall take the action authorized under § 284-25 hereof, it shall give a minimum of 24 hours' notice to the delinquent property owner, of the date and time on which the Town shall enter upon the property and shut off the water or cap the sewer line.
In the event that the delinquent property owner has paid all
the assessments, charges, interests, and outstanding fees prior to
the time of the Town actually shutting off the water or capping and
excavating the sewer line, the Town shall accept the same and withdraw
its mandate to terminate service.
In the event that water service or sewer service has been terminated,
the service will remain discontinued to the property until such time
as the property owner has paid all delinquent charges, assessments,
interests, as well as the complete cost to the Town for terminating
service, including the excavation and capping of the line, as presented
by the Mayor and Town Council in the form of a written assessment
of said charges.
The expense of the Mayor and Town Council in entering upon a
property, under this article, and terminating service, including the
excavating and capping a line, shall be outlined in written form by
the Mayor and Town Council of Oakland, and shall become a lien upon
the property, collectible as any other tax or assessment thereon,
and the Town shall record said lien among the land records of Garrett
County.
In the event that the Town terminates water or sewer service
and excavates and caps a sewer line on a business property, it shall
be unlawful for said business to continue operations thereafter until
such time as the sewer service is lawfully restored.
Any person violating any of the provisions of this article shall be deemed guilty of a municipal infraction subject to the maximum fine established pursuant to Chapter 40, Municipal Infractions. Each day conduct prohibited by this article continues shall be considered a separate offense, punishable by a separate fine.
