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Question

My parents purchased a home in the early 80's. At the time they used city water but had a septic tank. In the early 90's, the city added waste management services and demanded that all water customers hook on to their service. . My father was the only person who refused to hook on, mainly because he would have had to spend considerable money to do so. He would have also had to cut through roots of huge pecan trees. I am the current owner of the home. I still use the septic tank and have no problems with it.

Monthly I am assessed a sewage fee. I do not use the city sewage and feel like I am being forced to pay for services not rendered. If I refuse, the city will cut my water off. They claim that I have the option to hook on and therefore have to pay for it. The amount depends on how much water I use. Just because I 'could connect with a phone service, does not mean I have to pay for it. What's up?

Can the water department force me to pay for the service of sewage, even though I do not receive this service?

Submitted: 878 days and 9 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

Optional Information:
Paxton, Florida

Already Tried:
Serched the web for legal precidents, but so far nothing.

Posted by Ed Johnson 877 days and 10 hours ago.

Answer

Dear XXXXXXXXXXXXX,

This is often the case for two reasons.

1. Most city and local laws cannot decouple the sewage and water costs. AND,

2. For person without connection to the city sewer lines, the sewage money is also used to manage the runoff table for persons with septic tanks.

 

875 days and 20 hours ago.

Reply

Reply to Ed Johnson's Post: Greetings and Thank you for a prompt reply.

At one time about a year ago I just 'happened' to come across a case in South Florida where a man did sue the city he was living in for the exact same thing. It is so obscure and such an isolated case that I have not been able to find this case online again. I wish I had saved it but wishing does not help me now.
Anyhow, the man actually won the case and the city was forced to pay back all the monies it had collected from all the persons not on their system in their town.
I guess I was hoping that someone had heard of this case or knew more on how to search for this. I just happened on the case by 'accident' and at the time was not considering any litigation, such as maybe a class action suit.
I had water for years before the sewage bill started arriving. Why should someone be forced into paying for something they do not use? It seems un-American and almost borders on extortion to cut off water if you so not pay for sewage.

Edited by XXXXXXXXXXXXX on 7/1/2007 at 1:53 PM

870 days and 23 hours ago.

Reply

Relist: I prefer a second opinion.
At one time about a year ago I just 'happened' to come across a case in South Florida where a man did sue the city he was living in for the exact same thing. It is so obscure and such an isolated case that I have not been able to find this case online again. I wish I had saved it but wishing does not help me now.
Anyhow, the man actually won the case and the city was forced to pay back all the monies it had collected from all the persons not on their system in their town.
I guess I was hoping that someone had heard of this case or knew more on how to search for this. I just happened on the case by 'accident' and at the time was not considering any litigation, such as maybe a class action suit.
I had water for years before the sewage bill started arriving. Why should someone be forced into paying for something they do not use? It seems un-American and almost borders on extortion to cut off water if you so not pay for sewage.

Accepted Answer

Dear XXXXXXXXXXXXX,

Yes, I have heard of this case. There are also other cases, where the citizens cases were tossed out with the judges decision that the city could not be sued for sewerage issues.

The utilities and property tax parts of our government do come close to extortion and local officials tend to abuse their power and authority.

Here is a link to a recent article about just such a law suit and how it is being handled in one place.

http://www.naplesnews.com/news/2006/feb/14/marco_cares_widens_list_complaints_against_wastewa/

 

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Expert: Ed Johnson
Pos. Feedback: 98.8 %
Accepts: 
Answered: 7/9/2007

Internati&onal HR C&onsultant

GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999

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