Refusal of owner to connect

  1. Law
  2. Arkansas Code
  3. Local Government
  4. Solid Waste Disposal, Waterworks, And Sewers Generally
  5. Municipal Sewage Systems
  6. Sewer Connections by Property Owners
  7. Refusal of owner to connect

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  1. (a)

    1. (1) If the owner of property shall fail, neglect, or refuse to connect the sewer as ordered in § 14-235-302 within the time prescribed in the order, unless further time is granted for the completion of the sewer, it shall be the duty of the municipality to cause the sewer to be constructed, by contract or otherwise, in as economic and substantial a manner as may be practicable.

    2. (2) For that purpose, the municipality is authorized to enter upon, by its agents, contractors, and employees, any property on which they may order a sewer to be constructed, doing as little damage as possible.

  2. (b)

    1. (1) When the construction has been completed and the cost ascertained, it shall become a charge and a lien upon the property.

    2. (2)

      1. (A) The municipality is authorized and empowered to institute suit in any court having jurisdiction to enforce liens against real property, in the manner designated in § 14-90-1002 for the commencement of suits by the board of improvement, for the purpose of making the property chargeable for the lien provided in this section and the amount of the construction of the sewer, together with a twenty percent (20%) penalty for noncompliance with the order of the municipality.

      2. (B)

        1. (i) When a decree has been obtained, the property shall be ordered sold in the manner provided in § 14-90-1101 et seq. and § 14-90-1201 et seq. for the sale of property.

        2. (ii) All appeals to the Supreme Court or the Court of Appeals from decrees rendered against property under this section shall be prosecuted within the time and under the restrictions and limitations set forth in this act, and no injunction shall be issued by any court restraining the building of any sewer ordered by the municipality.

  3. (c)

    1. (1) All notices and summons required in this section shall be served in the manner provided in § 14-90-1003 against resident as well as nonresident owners of property.

    2. (2)

      1. (A) The court shall be open, as stated in § 14-90-1001.

      2. (B) The same preference shall be given to suits commenced under this section.

      3. (C) The same summary mode of proceeding shall be adopted in pleading and in all matters relating to the enforcement of the lien.


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