§ 23-202. Service connections -- In general

   (a) Service connections to abutting properties. --

   (1) If property abuts on a street or right-of-way in which a water main or sanitary sewer is installed, the Commission shall provide a service connection from the water main or sanitary sewer to the property line of the abutting lot.

   (2) The service connection shall be constructed by and at the expense of the Commission and shall be paid for in accordance with this division.

(b) Hookups by abutting property owners. --

   (1) When the Commission declares a water main or sewer complete, after notice, every abutting property owner may hook up spigots, hydrants, toilets, and waste drains with the water main or sewer, as appropriate, within the time set by the Commission.

   (2) If the fixtures described in paragraph (1) of this subsection do not exist or if the Commission determines that they are improper or inadequate, the property owner shall install satisfactory equipment.

(c) Polluted or unhealthy facilities. --

   (1) Any cesspool, sink drain, outhouse, or well that is polluted or a menace to health shall be abandoned and left in a way that it cannot be used or pose a risk to the public health.

   (2) The Commission shall determine the disposition of these facilities.

(d) Commission order requiring property hookup. --

   (1) After the construction or acquisition of a water main or sewer, the Commission may order a property owner or occupant who refuses to connect to the water main or sewer to hook up to the water main or sewer if:

      (i) a condition exists that appears to be a menace to the health of the occupants of the property or the occupants of a nearby or adjoining property;

      (ii) the property on which the condition exists abuts the water main or sewer;

      (iii) the Commission gives the owner or occupant 10 days' notice and an opportunity to be heard; and

      (iv) the Commission determines the condition to be a menace to the health of the occupants of the property or the occupants of a nearby or adjoining property.

   (2) (i) If the Commission determines that a condition exists as provided in paragraph (1) of this subsection, the Commission shall pass an order that requires that the property hookup be made in not less than 30 days or more than 90 days of the issuance of the order.

      (ii) The property owner or occupant may not refuse to comply with the order or violate any of the other provisions of this section.

      (iii) As provided in the Administrative Procedure Act, the property owner or occupant may seek judicial review of the decision of the Commission.

HISTORY: An. Code 1957, art. 29, § 3-104; 2010, ch. 37, § 3.