§ 34-2109. Meters and measuring devices; maintenance and repairs.

Current through October 23, 2012

(a) All meters or other measuring devices installed or required to be used under the provisions of this subchapter shall be under the control of the Mayor of the District of Columbia and the Council of the District of Columbia, who shall promulgate all regulations necessary in its judgment to effectuate the purposes of this subchapter. The owner or occupant of the property upon which any such measuring device is installed shall be responsible for its maintenance and safekeeping, and all repairs thereto shall be made at the owner's cost, whether such repairs are made necessary by ordinary wear and tear or other causes. Bills for such repairs, if made by the District, shall be due and payable when rendered, and the Mayor is authorized to provide for stopping the supply of water to any building or establishment upon the failure to pay such charge for meter repairs.

(b) The Mayor shall impose a one-time charge of 10% for any sanitary meter service charge that remains unpaid for more than 30 days and a penalty of 1% per month compounded monthly for any sanitary meter repair service that remains unpaid for more than 60 days from the date the bill is rendered.

(c) In accordance with § 34-2407.02, the Mayor shall impose and enforce a continuing lien upon land and land improvements that are furnished sanitary meter services if any charges remain unpaid for more than 60 days from the date the bill for services is rendered.

(d) The Mayor, with prior written notice to the owner of the date and time of entry, and consistent with constitutional guidelines, may enter any building, establishment, or other premises to inspect, install, replace, read, or repair any sanitary meter required to be installed pursuant to the Public Works Act, or to investigate whether water derived from groundwater or cooling water is being discharged from the real property into a sanitary or combined sewer system. If the Mayor is unable to gain entry to the real property after 2 attempts, the Mayor shall notify the owner or occupant to contact the Department within 3 business days after notice is mailed to the owner. If the owner or occupant fails to contact the Department, it shall be presumed that the owner refuses to permit entry to the property and the Mayor may impose a penalty of $100 and shut off the water supply to the real property. Upon the payment of the penalty of issuance of a final decision where the owner files a request for administrative review, the Mayor may restore the water supply.

                
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(May 18, 1954, 68 Stat. 107, ch. 218, title II, § 209; June 13, 1990, D.C. Law 8-136, § 2(e), 37 DCR 2620.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 43-1609.

1973 Ed., § 43-1608.

Legislative History of Laws

For legislative history of D.C. Law 8-136, see Historical and Statutory Notes following § 34-2301.

References in Text

The "Public Works Act," referred to in the first sentence of (d), is 68 Stat. 104, ch. 218.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(327) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

Miscellaneous Notes

Mayor authorized to issue rules: See Historical and Statutory Notes following § 34-2107.