§ 153A-277. Authority to fix and enforce rates. - North Carolina Statutes

§ 153A‑277.  Authorityto fix and enforce rates.

(a)        A county mayestablish and revise from time to time schedules of rents, rates, fees,charges, and penalties for the use of or the services furnished by a publicenterprise. Schedules of rents, rates, fees, charges, and penalties may varyfor the same class of service in different areas of the county and may varyaccording to classes of service, and different schedules may be adopted forservices provided outside of the county. A county may include a fee relating tosubsurface discharge wastewater management systems and services on the propertytax bill for the real property where the system for which the fee is imposed islocated.

(a1)     (1)        Beforeit establishes or revises a schedule of rates, fees, charges, or penalties forstormwater management programs and structural and natural stormwater anddrainage systems under this section, the board of commissioners shall hold apublic hearing on the matter. A notice of the hearing shall be given at leastonce in a newspaper having general circulation in the area, not less than sevendays before the public hearing. The hearing may be held concurrently with thepublic hearing on the proposed budget ordinance.

(2)        The fees establishedunder this subsection must be made applicable throughout the area of the countyoutside municipalities. Schedules of rates, fees, charges, and penalties forproviding stormwater management programs and structural and natural stormwaterand drainage system service may vary according to whether the property servedis residential, commercial, or industrial property, the property's use, thesize of the property, the area of impervious surfaces on the property, thequantity and quality of the runoff from the property, the characteristics of thewatershed into which stormwater from the property drains, and other factorsthat affect the stormwater drainage system. Rates, fees, and charges imposedunder this subsection may not exceed the county's cost of providing astormwater management program and a structural and natural stormwater anddrainage system. The county's cost of providing a stormwater management programand a structural and natural stormwater and drainage system includes any costsnecessary to assure that all aspects of stormwater quality and quantity aremanaged in accordance with federal and State laws, regulations, and rules.

(3)        No stormwaterutility fee may be levied under this subsection whenever two or more units oflocal government operate separate stormwater management programs or separatestructural and natural stormwater and drainage system services in the same areawithin a county. However, two or more units of local government may allocateamong themselves the functions, duties, powers, and responsibilities forjointly operating a stormwater management program and structural and naturalstormwater and drainage system service in the same area within a county,provided that only one unit may levy a fee for the service within the jointservice area. For purposes of this subsection, a unit of local government shallinclude a regional authority providing stormwater management programs andstructural and natural stormwater and drainage system services.

(b)        A county maycollect delinquent accounts by any remedy provided by law for collecting andenforcing private debts, and may specify by ordinance the order in whichpartial payments are to be applied among the various enterprise servicescovered by a bill for the services. A county may also discontinue service to acustomer whose account remains delinquent for more than 10 days. If adelinquent customer is not the owner of the premises to which the services aredelivered, the payment of the delinquent account may not be required beforeproviding services at the request of a new and different tenant or occupant ofthe premises. If water or sewer services are discontinued for delinquency, itis unlawful for a person other than a duly authorized agent or employee of thecounty to reconnect the premises to the water or sewer system.

(b1)      A county shall notdo any of the following in its debt collection practices:

(1)        Suspend ordisconnect service to a customer because of a past‑due and unpaid balancefor service incurred by another person who resides with the customer afterservice has been provided to the customer's household, unless one or more ofthe following apply:

a.         The customer and theperson were members of the same household at a different location when theunpaid balance for service was incurred.

b.         The person was amember of the customer's current household when the service was established,and the person had an unpaid balance for service at that time.

c.         The person is orbecomes responsible for the bill for the service to the customer.

(2)        Require that inorder to continue service, a customer must agree to be liable for thedelinquent account of any other person who will reside in the customer'shousehold after the customer receives the service, unless one or more of thefollowing apply:

a.         The customer and theperson were members of the same household at a different location when theunpaid balance for service was incurred.

b.         The person was amember of the customer's current household when the service was established,and the person had an unpaid balance for service at that time.

(b2)      Notwithstanding theprovisions of subsection (b1) of this section, if a customer misrepresents hisor her identity in a written or verbal agreement for service or receivesservice using another person's identity, the county shall have the power to collecta delinquent account using any remedy provided by subsection (b) of thissection from that customer.

(c)        Rents, rates, fees,charges, and penalties for enterprisory services are in no case a lien upon theproperty or premises served and, except as provided in subsection (d) of thissection, are legal obligations of the person contracting for them, providedthat no contract shall be necessary in the case of structural and naturalstormwater and drainage systems.

(d)        Rents, rates, fees,charges, and penalties for enterprisory services are legal obligations of theowner of the property or premises served when:

(1)        The property orpremises is leased or rented to more than one tenant and services rendered tomore than one tenant are measured by the same meter; or

(2)        Charges made for useof a sewerage system are billed separately from charges made for the use of awater distribution system.  (1961, c. 1001, s. 1; 1973, c. 822, s. 1; 1991, c.591, s. 2; 1991 (Reg. Sess., 1992), c. 932, s. 3; c. 1007, s. 45; 2000‑70,s. 2; 2009‑302, s. 2.)