Sec. 18.1-62. Connection requirements; timing; and fees.

(a) The owner of any premises having access to facilities of the county, the construction of which facilities was completed after January 1, 1992, shall be required to connect to the public sewer system. Connection fees shall be paid within ninety (90) days and connection made within one-hundred twenty (120) days of notification that service exists. The applicable fee shall be the total initial connection fee set forth in section 18.1-64 of this chapter.

(b) Any owner failing to connect to the facilities of the county as required by paragraph (a) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than fifty dollars ($50). Each day that such failure continues shall constitute a separate offense. In addition, such owner shall be required to pay the regular connection fee as set forth in section 18.1-64 of this chapter.

(c) The owner of any premises having service available by means of facilities of the county, the construction of which was completed after January 1, 1992, may connect to the public sewer system or voluntarily elect to pay the applicable connection fee and not connect. If the connection is made or arrangement for payment made within ninety (90) days of notification that service exists, the fee shall be the same fee as that imposed on owners who connect under paragraph (a) of this section. After such ninety-day period, the owner shall be required to pay the total regular connection fee.

(d) The owner of premises having access to, or service available by, facilities of the county, the construction of which was completed prior to January 1, 1992, may connect to such facilities or voluntarily elect to pay the applicable connection fee and not connect. If connection or payment is arranged or made, the fee shall be the total initial connection fee set forth in section 18.1-64 of this chapter.

(e) The connection requirements, fees, and times set forth in this section shall not apply where the county administrator has determined that public sewer service is not available to abutting property due to the nature of, or limitations on, the facilities of the county. For purposes of this section, property which abuts a public road owned and maintained by the Commonwealth of Virginia or the county and which is separated from the facilities of the county by the surfaced area of such road, shall be deemed not to have public sewer available unless a lateral has been installed under the pavement which can serve the property.

(f) When extensions of the facilities of the County are made pursuant to Section 18.1-53(b), the owner of any premises having access to, or service available by, the facilities of the County and having, at the time of the extension, an operating soil absorption system, which has been inspected and approved by the Health Department, may connect to such facilities and pay the applicable initial connection fee as set forth in Section 18.1-64 of this chapter at the time the owner elects to connect. Should the owner of such premises receive written notification from the Health Department of a failing system, the provisions in Section 18.1-62(a) and (b) shall apply and the applicable time limits shall begin to run on the date of receipt of such notice.

(Ord. No. 02-6(R-1), 7/16/02)