17B-1-903 - Authority to require written application for water or sewer service and to terminate for failure to pay -- Limitations.

17B-1-903. Authority to require written application for water or sewer service andto terminate for failure to pay -- Limitations.
(1) A local district that owns or controls a system for furnishing water or providing sewerservice or both may:
(a) before furnishing water or providing sewer service to a property, require the propertyowner or an authorized agent to submit a written application, signed by the owner or anauthorized agent, agreeing to pay for all water furnished or sewer service provided to theproperty, whether occupied by the owner or by a tenant or other occupant, according to the rulesand regulations adopted by the local district; and
(b) if a customer fails to pay for water furnished or sewer service provided to thecustomer's property, discontinue furnishing water or providing sewer service to the property untilall amounts for water furnished or sewer service provided are paid, subject to Subsection (2).
(2) Unless a valid lien has been established as provided in Section 17B-1-902, has notbeen satisfied, and has not been terminated by a sale as provided in Subsection 17B-1-902(2), alocal district may not:
(a) use a customer's failure to pay for water furnished or sewer service provided to thecustomer's property as a basis for not furnishing water or providing sewer service to the propertyafter ownership of the property is transferred to a subsequent owner; or
(b) require an owner to pay for water that was furnished or sewer service that wasprovided to the property before the owner's ownership.

Renumbered and Amended by Chapter 329, 2007 General Session