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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116711
Experience:  Attorney experienced in commercial litigation.
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I bought my house in 1992, city water came years later. I

Customer Question

I bought my house in 1992, city water came years later. I didn't hook up. years later sewers came and I didn't hook up. I receive a summons to appear in court because I wont hook up. The average monthly bills are 100$. Why hook up when I have a well and a good working septic system
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your specific question for us regarding this matter? What is the ordinance they are charging you with to appear in court over?
Customer: replied 1 year ago.
Can I be forced to hook up to sewer and water? Miscellaneous health and safety code: ORDIN.0-175N200055.0
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Yes, legally a municipality can force anyone within the municipality to connect to city services, especially if they claim health and safety grounds for them doing so. The ordinance states all homes in the city shall be connected to water and sewer services and you would have to argue that this ordinance was passed after you had already established your well and septic system and is an ex post facto ordinance and you need to argue there is no legitimate health and safety issue at this point in time to take away your prior rights to maintain a well/septic system. Unfortunately, the laws are more in favor of mandating the municipal services on the grounds of the public health and welfare, so your case is going to be very difficult in court and you really should have a local attorney representing you in the matter.

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