§ 31-15-709 — Sewers and sewer systems

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

(a) To construct and keep in repair culverts, drains, sewers, water mains, and
cesspools and 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.

(b) To establish a system of sewerage and for that purpose to divide the
municipality into 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.

Legislative History

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