Additional charge for overdue bills; enforcement of lien.
The Council of the District of Columbia is hereby authorized, in order to encourage the prompt payment of the sanitary sewer service charge imposed by this subchapter, to impose an additional charge of 10% for any sanitary sewer service charge remaining unpaid for more than 30 days, impose a penalty at the rate of 1% per month compounded monthly for any sanitary sewer service charge that remains unpaid for more than 60 days, and the Mayor of the District of Columbia is authorized to shut off the water of premises for which such charge is not paid within 30 days, and to have and enforce a continuing lien for such charge upon the land and any improvements thereon furnished such sanitary sewer service, in the same manner and to the same extent as if §§ 34-2407.01, 34-2407.02, 34-2407.03, and 34-2413.10 [repealed] were set forth in this subchapter, and such sections shall be deemed to be applicable in every particular to the sanitary sewer service charge imposed by this subchapter; provided, that whenever said lien is enforced by the sale of property against which it has been assessed, so much of the proceeds of such sale as represents said unpaid sanitary sewer service charges shall be credited to the General Fund of the District of Columbia as established by the Revenue Funds Availability Act of 1975. The Mayor may defer or forgive, in whole or in part, any sanitary sewer service charges due the District of Columbia with respect to any qualified real property approved pursuant to § 6-1503.
Annotations
May 18, 1954, 68 Stat. 107, ch. 218, title II, § 210 Jan. 22, 1976, D.C. Law 1-42, § 3(f)(5), 22 DCR 6315 Oct. 20, 1988, D.C. Law 7-177, § 9(b), 35 DCR 6158 June 13, 1990, D.C. Law 8-136, § 2(f), 37 DCR 2620 Nov. 25, 1993, D.C. Law 10-65, § 501(b), 40 DCR 7351 Mayor authorized to issue rules: Section 13 of D.C. Law 7-177 provided that the Mayor shall issue rules to implement the provisions of the act. The Revenue Funds Availability Act of 1975, referred to in subsection (a) of this section, is the Act of January 22, 1976, D.C. Law 1-42. For temporary (225 day) amendment of section, see § 2(a) of D.C. Water and Sewer Operations Temporary Amendment Act of 1993(D.C. Law 10-3, May 18, 1993, law notification 42 DCR 3404). This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(328) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. 1973 Ed., § 43-1609. 1981 Ed., § 43-1610. This section is referenced in § 6-1503, § 34-2202.19, § 47-1052, § 47-1303, § 47-1304, § 47-1306, § 47-1307, and § 47-1312.
Sourced from the DC Council Open Law Library (public domain).
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