Delaware Code Title 9 Sec. 4614 – Sewage charges and revenues
(a) The county government may, after a public hearing called and held in the manner provided in § 4604 of this title, by ordinance or resolution, establish charges for the use of a sewage system or any part or parts thereof. Such charges may be based on any of the following:
(1) The consumption of water on the premises connected with and served by the sewage system or such part or parts thereof;
(2) The number and kind of plumbing fixtures on the premises connected with and served by the sewage system or such part or parts thereof;
(3) The number of persons served on the premises connected with and served by the sewage system or such part or parts thereof;
(4) The volume and character of sewage, industrial waste and other waste discharged into the sewage system or such part or parts thereof; or
(5) Any other equitable basis determined by the county government including but not limited to any combination of the foregoing.
Terms Used In Delaware Code Title 9 Sec. 4614
- County: shall mean Kent County. See Delaware Code Title 9 Sec. 4601
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Lien: A claim against real or personal property in satisfaction of a debt.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
- sewage: shall mean all types of human or animal waste, industrial or commercial waste or any other waste suitable for treatment and disposal through the facilities of sewage treatment plants. See Delaware Code Title 9 Sec. 4601
(b) Such sewage charges, together with the amount of any penalty and interest prescribed by the county government and due for nonpayment of such charges, shall constitute a lien upon the real property served by the sewage system or such part or parts thereof for which sewage charges shall have been established and imposed. The lien shall be prior and superior to every other lien or claim except as otherwise may be provided by law.
(c) The county government on behalf of a sewer district may bring and maintain an action:
(1) To collect sewage charges in arrears including penalties and interest; or
(2) To foreclose liens for such sewage charges.
As an alternative to the maintenance of any such action, the county government may annually cause a statement to be prepared stating the amount of each lien for sewage charges in arrears including penalties, the real property affected thereby, and the name of the person in whose name such real property is assessed. The county government shall cause to be levied the amounts contained in such statements against the real property at the same time and in the same manner as county taxes, and such amounts shall be set forth in a separate column in the annual tax rolls. The amount so levied shall be collected and enforced in the same manner and at the same time as may be provided by law for the collection and enforcement of county taxes.
(d) The ordinance or resolution establishing and imposing sewage charges:
(1) Shall describe the sewer system or the part or parts of the sewer system for which such charges shall be established and imposed;
(2) Shall prescribe the basis for such charges;
(3) Shall provide for the date or dates on which sewage charges shall become due and payable; and
(4) May provide for penalties and interest for sewage charges in arrears, or for discounts for the prompt payment of such charges, or for penalties, interest and discounts.
9 Del. C. 1953, § ?4613; 56 Del. Laws, c. 103, § ?13;