Delaware Code Title 9 Sec. 2209 – Power to make charges; liability of users; computation of rates
(a) The County Council may charge and collect rents, rates, fees or other charges (in this chapter sometimes referred to as “service charges”) for direct or indirect connection with, or the use or services of, any sewerage system. Such service charges may be charged to and collected from any person contracting for such connection or use or service or from the owner or occupant, or both of them, of any real property which directly or indirectly is or has been connected with a sewerage system, or from or on which originates or has originated sewage which directly or indirectly has entered or may enter into a sewerage system, and the owner or occupant, or both of them, of any such real property shall be liable for and shall pay such service charges to the County at the time when and place where the County Council, by ordinance, rule or regulation, determines that such charges are due and payable.
Terms Used In Delaware Code Title 9 Sec. 2209
- County: means New Castle County. See Delaware Code Title 9 Sec. 2201
- 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
- real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Service charges: means rents, rates, fees or other charges charged or collected under § 2209 of this title. See Delaware Code Title 9 Sec. 2201
- Sewerage system: means the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by the County for the collection, treatment, purification or disposal in a sanitary manner of any sewage, liquid or solid wastes, night soil or industrial wastes, garbage and storm water, including sewers, conduits, pipelines, mains, pumping and ventilating stations, sewage treatment or disposal systems, plants and works, connections, and outfalls, and other plants, structures, boats, conveyances, and other real and personal property, and rights therein, and appurtenances necessary or useful and convenient for such purposes. See Delaware Code Title 9 Sec. 2201
(b) Such service charges shall, as near as the County Council deems practicable and equitable, be uniform throughout the area served by the sewerage system, and may be based or computed either on the consumption of water on or in connection with the real property, making due allowances for commercial use of water, or on the number and kind of water outlets on or in connection with the real property, or on the number and kind of plumbing or sewerage fixtures or facilities on or in connection with the real property, or on the number of persons residing or working on or otherwise connected or identified with the real property, or on other factors determining the type, class and amount of use or service of the sewerage system, or on any combination of any such factors.
48 Del. Laws, c. 61, § ?10; 9 Del. C. 1953, § ?2209; 55 Del. Laws, c. 85, § ?14; 71 Del. Laws, c. 401, § ?15;