Sewers and sewer systems.

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(1) The governing body of each municipality has the power:

  1. To construct and keep in repair culverts, drains, sewers, water mains, and cesspoolsand to regulate their use; and to assess, either in whole or in part, the cost of the construction of sewers, water mains, and drains upon the lots or lands adjacent to and opposite the improvements in proportion to the frontage of such lots or lands abutting upon the street in which such sewer, water main, or drain is to be laid. The cost of such sewer, water main, or drain at street intersections or crossings shall be wholly paid for by the municipality. The benefit to the public generally, if any, shall be determined by ordinance and shall be assessed against such municipality, and the balance shall be assessed against the lots or lands and the owners thereof according to the frontage.

  2. To establish a system of sewerage and for that purpose to divide the municipalityinto districts; to impose a special assessment or tax to defray the expense of constructing such sewers upon private property within such district or upon the lots or lands adjacent to or abutting upon the street where said sewer is laid; to compel the owners of any buildings located in said district and on blocks abutting on any established sewer to connect with such sewer; to prohibit the keeping or maintaining of any vault, closet, privy, or cesspool within said district or within four hundred feet of any established sewer; and to regulate the construction, maintenance, and use of all vaults, closets, privies, and cesspools within the municipal limits and not within said prohibited districts or in proximity to an established sewer.

Source: L. 75: Entire title R&RE, p. 1118, § 1, effective July 1.

Editor's note: This section is similar to former §§ 31-12-101 (22) and 31-15-301 (1)(f) as they existed prior to 1975.


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