North Dakota Code 40-34-05 – Supervision and control of plant – Rules and regulations governing – Charges for use of plant – Failure to pay – Collection
The governing body of any municipality, or the respective governing bodies of municipalities which may have agreed to own and operate intercepting sewers or sewage disposal plants or garbage disposal plants jointly, may designate certain officials of the municipality or municipalities to have the supervision and control of the sewage disposal plant or plants and of the garbage disposal plant or plants, or either of such plants. The governing body or the respective governing bodies of such municipalities may make all necessary rules and regulations governing the use, operation, and control thereof, and may establish just and equitable rates and charges to be paid for the use of such disposal plant or system and such garbage disposal plant or system, or either thereof, by a person, firm, corporation, or limited liability company whose premises are served thereby. If the established service charge is not paid when due, such sum may be recovered by the municipality or by the municipalities jointly in an action at law, or such sum may be assessed against the premises served and collected and returned in the same manner as other county and municipal taxes are assessed, certified, collected, and returned.
Terms Used In North Dakota Code 40-34-05
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49