{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2119.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2119.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2119.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2119.html"}],"law_id":60752,"edition_id":1,"section_id":60752,"structure_id":14728,"section_number":"15.2-2119","catch_line":"Fees and charges for water and sewer services provided to a property owner","history":"Code 1950, \u00a7 15-739.2; 1950, p. 1611; 1962, c. 623, \u00a7 15.1-321; 1991, c. 476; 1994, c. 932; 1997, cc. 12,; 1998, c. 223; 2001, c. 13; 2005, c. 912; 2011, cc. 529, 580; 2012, c. 766; 2016, cc. 415, 528; 2017, c. 736; 2025, c. 586.","full_text":"A\n\nFor water and sewer services provided by localities, fees and charges may be charged to and collected from (i) any person contracting for the same; (ii) the owner who is the occupant of the property or where a single meter serves multiple units; (iii) a lessee or tenant in accordance with § 15.2-2119.4 with such fees and charges applicable for water and sewer services (a) which directly or indirectly is or has been connected with the sewage disposal system and (b) from or on which sewage or industrial wastes originate or have originated and have directly or indirectly entered or will enter the sewage disposal system; or (iv) any user of a municipality’s water or sewer system with respect to combined sanitary and storm water sewer systems where the user is a resident of the municipality and the purpose of any such fee or charge is related to the control of combined sewer overflow discharges from such systems. Such fees and charges shall be practicable and equitable and payable as directed by the respective locality operating or providing for the operation of the water or sewer system.B\n\nSuch fees and charges, being in the nature of use or service charges, shall, as nearly as the governing body deems practicable and equitable, be uniform for the same type, class and amount of use or service of the sewage disposal system and may be based or computed either on the consumption of water on or in connection with the real estate, making due allowances for commercial use of water, or on the number and kind of water outlets on or in connection with the real estate or on the number and kind of plumbing or sewage fixtures or facilities on or in connection with the real estate or on the number or average number of persons residing or working on or otherwise connected or identified with the real estate or any other factors determining the type, class and amount of use or service of the sewage disposal system, or any combination of such factors, or on such other basis as the governing body may determine. Such fees and charges shall be due and payable at such time as the governing body may determine, and the governing body may require the same to be paid in advance for periods of not more than six months. The revenue derived from any or all of such fees and charges is hereby declared to be revenue of such sewage disposal system.C\n\nWater and sewer connection fees established by any locality shall be fair and reasonable. Such fees shall be reviewed by the locality periodically and shall be adjusted, if necessary, to assure that they continue to be fair and reasonable. Any locality may, by ordinance or policy, provide for the full or partial reimbursement of water and sewer connection fees, capital recovery charges, and availability fees remitted by an applicant in connection with any new residential development. Nothing herein shall affect existing contracts with bondholders that are in conflict with any of the foregoing provisions.D\n\nIf the fees and charges charged for water service or the use and services of the sewage disposal system by or in connection with any real estate are not paid when due, a penalty and interest shall at that time be owed as provided for by general law, and the owner of such real estate shall, until such fees and charges are paid with such penalty and interest to the date of payment, cease to dispose of sewage or industrial waste originating from or on such real estate by discharge thereof directly or indirectly into the sewage disposal system. If such owner does not pay the full amount of charges, penalty, and interest for water provided or cease such disposal within 30 days thereafter, the locality or person supplying water or sewage disposal services for the use of such real estate shall notify such owner of the delinquency. If such owner does not pay the full amount of charges, penalty, and interest for water provided or cease such disposal within 60 days after the delinquent fees and charges charged for water or sewage disposal services are due, the locality or person supplying water or sewage disposal services for the use of such real estate may cease supplying water and sewage disposal services thereto unless the health officers certify that shutting off the water will endanger the health of the occupants of the premises or the health of others. At least 10 business days prior to ceasing the supply of water or sewage disposal services, the locality or person supplying such services shall provide the owner with written notice of such cessation.E\n\nSuch fees and charges, and any penalty and interest thereon, shall constitute a lien against the property, ranking on a parity with liens for unpaid taxes.\n\t\t\tA lien may be placed on the property when the owner has been advised in writing that a lien may be placed upon the property if the owner fails to pay any delinquent water and sewer charges. Such written notice shall be provided at least 30 days in advance of recordation of any lien with a copy of the bill for delinquent water and sewer charges to allow the property owner a reasonable opportunity to pay the amount of the outstanding balance and avoid the recordation of a lien against the property. The lien may be in the amount of (i) up to the number of months of delinquent water or sewer charges when the water or sewer is, or both are, provided to the property owner; (ii) any applicable penalties and interest on such delinquent charges; and (iii) reasonable attorney fees and other costs of collection not exceeding 20 percent of such delinquent charges. In no case shall a lien for less than $25 be placed against the property.F\n\nNotwithstanding any provision of law to the contrary, any town with a population between 11,000 and 14,000, with the concurrence of the affected county, that provides and operates sewer services outside its boundaries may provide sewer services to industrial and commercial users outside its boundaries and collect such compensation therefor as may be contracted for between the town and such user. Such town shall not thereby be obligated to provide sewer services to any other users outside its boundaries.G\n\nThe lien shall not bind or affect a subsequent bona fide purchaser of the real estate for valuable consideration without actual notice of the lien until the amount of such delinquent charges is entered in the official records of the office of the clerk of the circuit court in the jurisdiction in which the real estate is located. The clerk shall make and index the entries in the clerk’s official records for a fee of $5 per entry, to be paid by the locality and added to the amount of the lien.H\n\nThe lien on any real estate may be discharged by the payment to the locality of the total lien amount and the interest which has accrued to the date of the payment. The locality shall deliver a fully executed lien release substantially in the form set forth in this subsection to the person making the payment. The locality shall provide the fully executed lien release to the person who made payment within 10 business days of such payment if the person who made such payment did not personally appear at the time of such payment. Upon presentation of such lien release, the clerk shall mark the lien satisfied. There shall be no separate clerk’s fee for such lien release. For purposes of this section, a lien release of the water and sewer lien substantially in the form as follows shall be sufficient compliance with this section:\n\t\t\tPrepared By and When:\n\t\t\tRecorded Return to:\n\t\t\tTax Parcel\/GPIN Number:\n\t\t\tCERTIFICATE OF RELEASE OF WATER AND SEWER SERVICE LIEN\n\t\t\tPursuant to Va. Code Annotated § 15.2-2119 (H), this release is exempt from recordation fees.\n\t\t\tDate Lien Recorded: Instrument Deed Book No.:\n\t\t\tGrantee for Index Purposes:\n\t\t\tClaim Asserted: Delinquent water and sewer service charges in the amount of $.\n\t\t\tDescription of Property: [Insert name of property owner and tax map parcel\/GPIN Number]\n\t\t\tThe above-mentioned lien is hereby released.\n\t\t\tBY:\n\t\t\tTITLE:\n\t\t\tCOMMONWEALTH OF VIRGINIA\n\t\t\tCITY\/COUNTY OF , to-wit:\n\t\t\tAcknowledged, subscribed, and sworn to before me this day of by as of the [Insert Water\/Sewer Provider Name] on behalf of [Insert Water\/Sewer Provider Name].\n\t\t\tNotary Public\n\t\t\tMy commission expires:\n\t\t\tNotary Registration Number:","order_by":null,"text":{"0":{"id":222102,"text":"For water and sewer services provided by localities, fees and charges may be charged to and collected from (i) any person contracting for the same; (ii) the owner who is the occupant of the property or where a single meter serves multiple units; (iii) a lessee or tenant in accordance with § 15.2-2119.4 with such fees and charges applicable for water and sewer services (a) which directly or indirectly is or has been connected with the sewage disposal system and (b) from or on which sewage or industrial wastes originate or have originated and have directly or indirectly entered or will enter the sewage disposal system; or (iv) any user of a municipality’s water or sewer system with respect to combined sanitary and storm water sewer systems where the user is a resident of the municipality and the purpose of any such fee or charge is related to the control of combined sewer overflow discharges from such systems. Such fees and charges shall be practicable and equitable and payable as directed by the respective locality operating or providing for the operation of the water or sewer system.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":222103,"text":"Such fees and charges, being in the nature of use or service charges, shall, as nearly as the governing body deems practicable and equitable, be uniform for the same type, class and amount of use or service of the sewage disposal system and may be based or computed either on the consumption of water on or in connection with the real estate, making due allowances for commercial use of water, or on the number and kind of water outlets on or in connection with the real estate or on the number and kind of plumbing or sewage fixtures or facilities on or in connection with the real estate or on the number or average number of persons residing or working on or otherwise connected or identified with the real estate or any other factors determining the type, class and amount of use or service of the sewage disposal system, or any combination of such factors, or on such other basis as the governing body may determine. Such fees and charges shall be due and payable at such time as the governing body may determine, and the governing body may require the same to be paid in advance for periods of not more than six months. The revenue derived from any or all of such fees and charges is hereby declared to be revenue of such sewage disposal system.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":222104,"text":"Water and sewer connection fees established by any locality shall be fair and reasonable. Such fees shall be reviewed by the locality periodically and shall be adjusted, if necessary, to assure that they continue to be fair and reasonable. Any locality may, by ordinance or policy, provide for the full or partial reimbursement of water and sewer connection fees, capital recovery charges, and availability fees remitted by an applicant in connection with any new residential development. Nothing herein shall affect existing contracts with bondholders that are in conflict with any of the foregoing provisions.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":222105,"text":"If the fees and charges charged for water service or the use and services of the sewage disposal system by or in connection with any real estate are not paid when due, a penalty and interest shall at that time be owed as provided for by general law, and the owner of such real estate shall, until such fees and charges are paid with such penalty and interest to the date of payment, cease to dispose of sewage or industrial waste originating from or on such real estate by discharge thereof directly or indirectly into the sewage disposal system. If such owner does not pay the full amount of charges, penalty, and interest for water provided or cease such disposal within 30 days thereafter, the locality or person supplying water or sewage disposal services for the use of such real estate shall notify such owner of the delinquency. If such owner does not pay the full amount of charges, penalty, and interest for water provided or cease such disposal within 60 days after the delinquent fees and charges charged for water or sewage disposal services are due, the locality or person supplying water or sewage disposal services for the use of such real estate may cease supplying water and sewage disposal services thereto unless the health officers certify that shutting off the water will endanger the health of the occupants of the premises or the health of others. At least 10 business days prior to ceasing the supply of water or sewage disposal services, the locality or person supplying such services shall provide the owner with written notice of such cessation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":222106,"text":"Such fees and charges, and any penalty and interest thereon, shall constitute a lien against the property, ranking on a parity with liens for unpaid taxes.\n\t\t\tA lien may be placed on the property when the owner has been advised in writing that a lien may be placed upon the property if the owner fails to pay any delinquent water and sewer charges. Such written notice shall be provided at least 30 days in advance of recordation of any lien with a copy of the bill for delinquent water and sewer charges to allow the property owner a reasonable opportunity to pay the amount of the outstanding balance and avoid the recordation of a lien against the property. The lien may be in the amount of (i) up to the number of months of delinquent water or sewer charges when the water or sewer is, or both are, provided to the property owner; (ii) any applicable penalties and interest on such delinquent charges; and (iii) reasonable attorney fees and other costs of collection not exceeding 20 percent of such delinquent charges. In no case shall a lien for less than $25 be placed against the property.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":222107,"text":"Notwithstanding any provision of law to the contrary, any town with a population between 11,000 and 14,000, with the concurrence of the affected county, that provides and operates sewer services outside its boundaries may provide sewer services to industrial and commercial users outside its boundaries and collect such compensation therefor as may be contracted for between the town and such user. Such town shall not thereby be obligated to provide sewer services to any other users outside its boundaries.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":222108,"text":"The lien shall not bind or affect a subsequent bona fide purchaser of the real estate for valuable consideration without actual notice of the lien until the amount of such delinquent charges is entered in the official records of the office of the clerk of the circuit court in the jurisdiction in which the real estate is located. The clerk shall make and index the entries in the clerk’s official records for a fee of $5 per entry, to be paid by the locality and added to the amount of the lien.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":222109,"text":"The lien on any real estate may be discharged by the payment to the locality of the total lien amount and the interest which has accrued to the date of the payment. The locality shall deliver a fully executed lien release substantially in the form set forth in this subsection to the person making the payment. The locality shall provide the fully executed lien release to the person who made payment within 10 business days of such payment if the person who made such payment did not personally appear at the time of such payment. Upon presentation of such lien release, the clerk shall mark the lien satisfied. There shall be no separate clerk’s fee for such lien release. For purposes of this section, a lien release of the water and sewer lien substantially in the form as follows shall be sufficient compliance with this section:\n\t\t\tPrepared By and When:\n\t\t\tRecorded Return to:\n\t\t\tTax Parcel\/GPIN Number:\n\t\t\tCERTIFICATE OF RELEASE OF WATER AND SEWER SERVICE LIEN\n\t\t\tPursuant to Va. Code Annotated § 15.2-2119 (H), this release is exempt from recordation fees.\n\t\t\tDate Lien Recorded: Instrument Deed Book No.:\n\t\t\tGrantee for Index Purposes:\n\t\t\tClaim Asserted: Delinquent water and sewer service charges in the amount of $.\n\t\t\tDescription of Property: [Insert name of property owner and tax map parcel\/GPIN Number]\n\t\t\tThe above-mentioned lien is hereby released.\n\t\t\tBY:\n\t\t\tTITLE:\n\t\t\tCOMMONWEALTH OF VIRGINIA\n\t\t\tCITY\/COUNTY OF , to-wit:\n\t\t\tAcknowledged, subscribed, and sworn to before me this day of by as of the [Insert Water\/Sewer Provider Name] on behalf of [Insert Water\/Sewer Provider Name].\n\t\t\tNotary Public\n\t\t\tMy commission expires:\n\t\t\tNotary Registration Number:","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":14728,"edition_id":1,"name":"General Provisions for Public Utilities","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13192,"metadata":{},"date_created":"2026-06-26 03:49:34","date_modified":"2026-06-26 03:49:34","permalink":{"id":154517,"object_type":"structure","relational_id":14728,"identifier":"2","token":"15.2\/II\/21\/2","url":"\/15.2\/II\/21\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13192,"edition_id":1,"name":"Franchises; Sale and Lease of Certain Municipal Public Property; Public Utilities","identifier":"21","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:44:25","date_modified":"2026-06-26 03:44:25","permalink":{"id":154333,"object_type":"structure","relational_id":13192,"identifier":"21","token":"15.2\/II\/21","url":"\/15.2\/II\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79360,"structure_id":14728,"section_number":"15.2-2109","catch_line":"Powers of localities as to public utilities and computer services; prevention of pollution of certain water","url":"\/15.2-2109\/","token":"15.2\/II\/21\/2\/15.2-2109","metadata":false},{"id":71006,"structure_id":14728,"section_number":"15.2-2109.1","catch_line":"Prescriptive easements for provision of water and sewer services","url":"\/15.2-2109.1\/","token":"15.2\/II\/21\/2\/15.2-2109.1","metadata":false},{"id":70677,"structure_id":14728,"section_number":"15.2-2109.2","catch_line":"Mutual aid agreements for power and natural gas","url":"\/15.2-2109.2\/","token":"15.2\/II\/21\/2\/15.2-2109.2","metadata":false},{"id":87456,"structure_id":14728,"section_number":"15.2-2109.3","catch_line":"Provision of natural gas distribution service within counties","url":"\/15.2-2109.3\/","token":"15.2\/II\/21\/2\/15.2-2109.3","metadata":false},{"id":57929,"structure_id":14728,"section_number":"15.2-2110","catch_line":"Mandatory connection to water and sewage systems in certain counties","url":"\/15.2-2110\/","token":"15.2\/II\/21\/2\/15.2-2110","metadata":false},{"id":70760,"structure_id":14728,"section_number":"15.2-2111","catch_line":"Regulation of sewage disposal or water service","url":"\/15.2-2111\/","token":"15.2\/II\/21\/2\/15.2-2111","metadata":false},{"id":59568,"structure_id":14728,"section_number":"15.2-2112","catch_line":"Agreements by political subdivisions for sewage or water service","url":"\/15.2-2112\/","token":"15.2\/II\/21\/2\/15.2-2112","metadata":false},{"id":84432,"structure_id":14728,"section_number":"15.2-2113","catch_line":"Connections of fire suppression systems","url":"\/15.2-2113\/","token":"15.2\/II\/21\/2\/15.2-2113","metadata":false},{"id":60869,"structure_id":14728,"section_number":"15.2-2114","catch_line":"Regulation of stormwater","url":"\/15.2-2114\/","token":"15.2\/II\/21\/2\/15.2-2114","metadata":false},{"id":69504,"structure_id":14728,"section_number":"15.2-2114.01","catch_line":"Local Stormwater Management Fund; grant moneys","url":"\/15.2-2114.01\/","token":"15.2\/II\/21\/2\/15.2-2114.01","metadata":false},{"id":56426,"structure_id":14728,"section_number":"15.2-2114.1","catch_line":"Car-washing fundraiser","url":"\/15.2-2114.1\/","token":"15.2\/II\/21\/2\/15.2-2114.1","metadata":false},{"id":58555,"structure_id":14728,"section_number":"15.2-2115","catch_line":"Purchase of gas, electric and water plants operating in contiguous territory","url":"\/15.2-2115\/","token":"15.2\/II\/21\/2\/15.2-2115","metadata":false},{"id":65470,"structure_id":14728,"section_number":"15.2-2116","catch_line":"Acquisition by county or city of water supply system or sewage system from sanitary district","url":"\/15.2-2116\/","token":"15.2\/II\/21\/2\/15.2-2116","metadata":false},{"id":75698,"structure_id":14728,"section_number":"15.2-2117","catch_line":"Contracts with sewerage or water purification company, etc","url":"\/15.2-2117\/","token":"15.2\/II\/21\/2\/15.2-2117","metadata":false},{"id":74215,"structure_id":14728,"section_number":"15.2-2118","catch_line":"Lien for water and sewer charges and taxes imposed by localities","url":"\/15.2-2118\/","token":"15.2\/II\/21\/2\/15.2-2118","metadata":false},{"id":81760,"structure_id":14728,"section_number":"15.2-2118.1","catch_line":"Lien for gas utilities charges and taxes imposed by localities","url":"\/15.2-2118.1\/","token":"15.2\/II\/21\/2\/15.2-2118.1","metadata":false},{"id":60752,"structure_id":14728,"section_number":"15.2-2119","catch_line":"Fees and charges for water and sewer services provided to a property owner","url":"\/15.2-2119\/","token":"15.2\/II\/21\/2\/15.2-2119","metadata":false},{"id":61731,"structure_id":14728,"section_number":"15.2-2119.1","catch_line":"Credit for excessive water and sewer charges","url":"\/15.2-2119.1\/","token":"15.2\/II\/21\/2\/15.2-2119.1","metadata":false},{"id":78767,"structure_id":14728,"section_number":"15.2-2119.2","catch_line":"Discounted fees and charges for certain low-income, elderly, or disabled customers","url":"\/15.2-2119.2\/","token":"15.2\/II\/21\/2\/15.2-2119.2","metadata":false},{"id":65635,"structure_id":14728,"section_number":"15.2-2119.3","catch_line":"Sustainable infrastructure financial assistance","url":"\/15.2-2119.3\/","token":"15.2\/II\/21\/2\/15.2-2119.3","metadata":false},{"id":82149,"structure_id":14728,"section_number":"15.2-2119.4","catch_line":"Fees and charges for water and sewer services provided to a tenant or lessee of the property owner","url":"\/15.2-2119.4\/","token":"15.2\/II\/21\/2\/15.2-2119.4","metadata":false},{"id":81070,"structure_id":14728,"section_number":"15.2-2120","catch_line":"Enforcement of liens for water or sewer charges","url":"\/15.2-2120\/","token":"15.2\/II\/21\/2\/15.2-2120","metadata":false},{"id":57664,"structure_id":14728,"section_number":"15.2-2121","catch_line":"Regulations as to water, sewer and other facilities in subdivisions and development plans","url":"\/15.2-2121\/","token":"15.2\/II\/21\/2\/15.2-2121","metadata":false}],"previous_section":{"id":81760,"structure_id":14728,"section_number":"15.2-2118.1","catch_line":"Lien for gas utilities charges and taxes imposed by localities","url":"\/15.2-2118.1\/","token":"15.2\/II\/21\/2\/15.2-2118.1","metadata":false},"next_section":{"id":61731,"structure_id":14728,"section_number":"15.2-2119.1","catch_line":"Credit for excessive water and sewer charges","url":"\/15.2-2119.1\/","token":"15.2\/II\/21\/2\/15.2-2119.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2119\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 12 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1962, chapter 623; in 1991, chapter 476; in 1994, chapter 932<\/a>; in 1997, chapter 12<\/a>; in 1998, chapter 223<\/a>; in 2001, chapter 13<\/a>; in 2005, chapter 912<\/a>; in 2011, chapters 529<\/a> and 580<\/a>; in 2012, chapter 766<\/a>; in 2016, chapters 415<\/a> and 528<\/a>; in 2017, chapter 736<\/a>; in 2025, chapter 586<\/a>.<\/p>","references":[{"id":60752,"section_number":"15.2-2119","catch_line":"Fees and charges for water and sewer services provided to a property owner","order_by":null,"url":"\/15.2-2119\/"},{"id":82149,"section_number":"15.2-2119.4","catch_line":"Fees and charges for water and sewer services provided to a tenant or lessee of the property owner","order_by":null,"url":"\/15.2-2119.4\/"},{"id":87268,"section_number":"15.2-2122","catch_line":"Localities authorized to establish, etc., sewage disposal system; incidental powers","order_by":null,"url":"\/15.2-2122\/"},{"id":64315,"section_number":"15.2-5139","catch_line":"Lien for charges","order_by":null,"url":"\/15.2-5139\/"}],"refers_to":[{"id":60752,"section_number":"15.2-2119","catch_line":"Fees and charges for water and sewer services provided to a property owner","order_by":null,"url":"\/15.2-2119\/"},{"id":82149,"section_number":"15.2-2119.4","catch_line":"Fees and charges for water and sewer services provided to a tenant or lessee of the property owner","order_by":null,"url":"\/15.2-2119.4\/"}],"permalink":{"id":154583,"object_type":"law","relational_id":60752,"identifier":"15.2-2119","token":"15.2\/II\/21\/2\/15.2-2119","url":"\/15.2-2119\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2119\/","token":"15.2\/II\/21\/2\/15.2-2119","dublin_core":{"Title":"Fees and charges for water and sewer services provided to a property owner","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2119","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For water and sewer services provided by localities, fees and charges may be charged to and collected from (i) any person contracting for the same; (ii) the owner who is the occupant of the property or where a single meter serves multiple units; (iii) a lessee or tenant in accordance with § 15.2-2119.4<\/a> with such fees and charges applicable for water and sewer services (a) which directly or indirectly is or has been connected with the sewage disposal system and (b) from or on which sewage or industrial wastes originate or have originated and have directly or indirectly entered or will enter the sewage disposal system; or (iv) any user of a municipality’s water or sewer system with respect to combined sanitary and storm water sewer systems where the user is a resident of the municipality and the purpose of any such fee or charge is related to the control of combined sewer overflow discharges from such systems. Such fees and charges shall be practicable and equitable<\/span> and payable as directed by the respective locality<\/span> operating or providing for the operation of the water or sewer system. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Such fees and charges, being in the nature of use or service charges, shall, as nearly as the governing body<\/span> deems practicable and equitable<\/span>, be uniform for the same type, class and amount of use or service of the sewage disposal system and may be based or computed either on the consumption of water on or in connection with the real estate, making due allowances for commercial use of water, or on the number and kind of water outlets on or in connection with the real estate or on the number and kind of plumbing or sewage fixtures or facilities on or in connection with the real estate or on the number or average number of persons residing or working on or otherwise connected or identified with the real estate or any other factors determining the type, class and amount of use or service of the sewage disposal system, or any combination of such factors, or on such other basis as the governing body<\/span> may determine. Such fees and charges shall be due and payable at such time as the governing body<\/span> may determine, and the governing body<\/span> may require the same to be paid in advance for periods of not more than six months. The revenue derived from any or all of such fees and charges is hereby declared to be revenue of such sewage disposal system. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Water and sewer connection fees established by any locality<\/span> shall be fair and reasonable. Such fees shall be reviewed by the locality<\/span> periodically and shall be adjusted, if necessary, to assure that they continue to be fair and reasonable. Any locality<\/span> may, by ordinance<\/span> or policy, provide for the full or partial reimbursement of water and sewer connection fees, capital recovery charges, and availability fees remitted by an applicant in connection with any new residential development. Nothing herein shall affect existing contracts<\/span> with bondholders that are in conflict with any of the foregoing provisions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the fees and charges charged for water service or the use and services of the sewage disposal system by or in connection with any real estate are not paid when due, a penalty<\/span> and interest shall at that time be owed as provided for by general law<\/span>, and the owner of such real estate shall, until such fees and charges are paid with such penalty<\/span> and interest to the date of payment, cease to dispose of sewage or industrial waste originating from or on such real estate by discharge thereof directly or indirectly into the sewage disposal system. If such owner does not pay the full amount of charges, penalty<\/span>, and interest for water provided or cease such disposal within 30 days thereafter, the locality<\/span> or person supplying water or sewage disposal services for the use of such real estate shall notify such owner of the delinquency. If such owner does not pay the full amount of charges, penalty<\/span>, and interest for water provided or cease such disposal within 60 days after the delinquent fees and charges charged for water or sewage disposal services are due, the locality<\/span> or person supplying water or sewage disposal services for the use of such real estate may cease supplying water and sewage disposal services thereto unless the health officers certify that shutting off the water will endanger the health of the occupants of the premises or the health of others. At least 10 business days prior to ceasing the supply of water or sewage disposal services, the locality<\/span> or person supplying such services shall provide the owner with written notice of such cessation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Such fees and charges, and any penalty<\/span> and interest thereon, shall constitute a lien<\/span> against the property, ranking on a parity with liens<\/span> for unpaid taxes.\n\t\t\tA lien<\/span> may be placed on the property when the owner has been advised in writing that a lien<\/span> may be placed upon the property if the owner fails to pay any delinquent water and sewer charges. Such written notice shall be provided at least 30 days in advance of recordation of any lien<\/span> with a copy of the bill for delinquent water and sewer charges to allow the property owner a reasonable opportunity to pay the amount of the outstanding balance and avoid the recordation of a lien<\/span> against the property. The lien<\/span> may be in the amount of (i) up to the number of months of delinquent water or sewer charges when the water or sewer is, or both are, provided to the property owner; (ii) any applicable penalties and interest on such delinquent charges; and (iii) reasonable attorney fees and other costs of collection not exceeding 20 percent of such delinquent charges. In no case shall a lien<\/span> for less than $25 be placed against the property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Notwithstanding any provision of law<\/span> to the contrary, any town<\/span> with a population between 11,000 and 14,000, with the concurrence of the affected county<\/span>, that provides and operates sewer services outside its boundaries may provide sewer services to industrial and commercial users outside its boundaries and collect such compensation therefor as may be contracted for between the town<\/span> and such user. Such town<\/span> shall not thereby be obligated to provide sewer services to any other users outside its boundaries. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The lien<\/span> shall not bind or affect a subsequent bona fide purchaser of the real estate for valuable consideration without actual notice of the lien<\/span> until the amount of such delinquent charges is entered in the official records of the office of the clerk of the circuit<\/span> court<\/span> in the jurisdiction<\/span> in which the real estate is located. The clerk shall make and index the entries in the clerk’s official records for a fee of $5 per entry, to be paid by the locality<\/span> and added to the amount of the lien<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The lien<\/span> on any real estate may be discharged by the payment to the locality<\/span> of the total lien<\/span> amount and the interest which has accrued to the date of the payment. The locality<\/span> shall deliver a fully executed lien<\/span> release substantially in the form set forth in this subsection to the person making the payment. The locality<\/span> shall provide the fully executed lien<\/span> release to the person who made payment within 10 business days of such payment if the person who made such payment did not personally appear at the time of such payment. Upon presentation of such lien<\/span> release, the clerk shall mark the lien<\/span> satisfied. There shall be no separate clerk’s fee for such lien<\/span> release. For purposes of this section, a lien<\/span> release of the water and sewer lien<\/span> substantially in the form as follows shall be sufficient compliance with this section:\n\t\t\tPrepared By and When:\n\t\t\tRecorded Return to:\n\t\t\tTax Parcel\/GPIN Number:\n\t\t\tCERTIFICATE OF RELEASE OF WATER AND SEWER SERVICE LIEN<\/span>\n\t\t\tPursuant to Va. Code Annotated § 15.2-2119<\/a> (H), this release is exempt from recordation fees.\n\t\t\tDate Lien<\/span> Recorded: Instrument Deed Book No.:\n\t\t\tGrantee for Index Purposes:\n\t\t\tClaim Asserted: Delinquent water and sewer service charges in the amount of $.\n\t\t\tDescription of Property: [Insert name of property owner and tax map parcel\/GPIN Number]\n\t\t\tThe above-mentioned lien<\/span> is hereby released.\n\t\t\tBY:\n\t\t\tTITLE:\n\t\t\tCOMMONWEALTH OF VIRGINIA\n\t\t\tCITY<\/span>\/COUNTY<\/span> OF , to-wit:\n\t\t\tAcknowledged, subscribed, and sworn to before me this day of by as of the [Insert Water\/Sewer Provider Name] on behalf of [Insert Water\/Sewer Provider Name].\n\t\t\tNotary Public\n\t\t\tMy commission expires:\n\t\t\tNotary Registration Number: <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFEES AND CHARGES FOR WATER AND SEWER SERVICES PROVIDED TO A PROPERTY OWNER (\u00a7\n15.2-2119)\n\nA. For water and sewer services provided by localities, fees and charges may be\ncharged to and collected from (i) any person contracting for the same; (ii) the\nowner who is the occupant of the property or where a single meter serves\nmultiple units; (iii) a lessee or tenant in accordance with § 15.2-2119.4\nwith such fees and charges applicable for water and sewer services (a) which\ndirectly or indirectly is or has been connected with the sewage disposal system\nand (b) from or on which sewage or industrial wastes originate or have\noriginated and have directly or indirectly entered or will enter the sewage\ndisposal system; or (iv) any user of a municipality’s water or sewer\nsystem with respect to combined sanitary and storm water sewer systems where the\nuser is a resident of the municipality and the purpose of any such fee or charge\nis related to the control of combined sewer overflow discharges from such\nsystems. Such fees and charges shall be practicable and equitable and payable as\ndirected by the respective locality operating or providing for the operation of\nthe water or sewer system.\n\nB. Such fees and charges, being in the nature of use or service charges, shall,\nas nearly as the governing body deems practicable and equitable, be uniform for\nthe same type, class and amount of use or service of the sewage disposal system\nand may be based or computed either on the consumption of water on or in\nconnection with the real estate, making due allowances for commercial use of\nwater, or on the number and kind of water outlets on or in connection with the\nreal estate or on the number and kind of plumbing or sewage fixtures or\nfacilities on or in connection with the real estate or on the number or average\nnumber of persons residing or working on or otherwise connected or identified\nwith the real estate or any other factors determining the type, class and amount\nof use or service of the sewage disposal system, or any combination of such\nfactors, or on such other basis as the governing body may determine. Such fees\nand charges shall be due and payable at such time as the governing body may\ndetermine, and the governing body may require the same to be paid in advance for\nperiods of not more than six months. The revenue derived from any or all of such\nfees and charges is hereby declared to be revenue of such sewage disposal\nsystem.\n\nC. Water and sewer connection fees established by any locality shall be fair and\nreasonable. Such fees shall be reviewed by the locality periodically and shall\nbe adjusted, if necessary, to assure that they continue to be fair and\nreasonable. Any locality may, by ordinance or policy, provide for the full or\npartial reimbursement of water and sewer connection fees, capital recovery\ncharges, and availability fees remitted by an applicant in connection with any\nnew residential development. Nothing herein shall affect existing contracts with\nbondholders that are in conflict with any of the foregoing provisions.\n\nD. If the fees and charges charged for water service or the use and services of\nthe sewage disposal system by or in connection with any real estate are not paid\nwhen due, a penalty and interest shall at that time be owed as provided for by\ngeneral law, and the owner of such real estate shall, until such fees and\ncharges are paid with such penalty and interest to the date of payment, cease to\ndispose of sewage or industrial waste originating from or on such real estate by\ndischarge thereof directly or indirectly into the sewage disposal system. If\nsuch owner does not pay the full amount of charges, penalty, and interest for\nwater provided or cease such disposal within 30 days thereafter, the locality or\nperson supplying water or sewage disposal services for the use of such real\nestate shall notify such owner of the delinquency. If such owner does not pay\nthe full amount of charges, penalty, and interest for water provided or cease\nsuch disposal within 60 days after the delinquent fees and charges charged for\nwater or sewage disposal services are due, the locality or person supplying\nwater or sewage disposal services for the use of such real estate may cease\nsupplying water and sewage disposal services thereto unless the health officers\ncertify that shutting off the water will endanger the health of the occupants of\nthe premises or the health of others. At least 10 business days prior to ceasing\nthe supply of water or sewage disposal services, the locality or person\nsupplying such services shall provide the owner with written notice of such\ncessation.\n\nE. Such fees and charges, and any penalty and interest thereon, shall constitute\na lien against the property, ranking on a parity with liens for unpaid taxes.\n\t\t\tA lien may be placed on the property when the owner has been advised in\nwriting that a lien may be placed upon the property if the owner fails to pay\nany delinquent water and sewer charges. Such written notice shall be provided at\nleast 30 days in advance of recordation of any lien with a copy of the bill for\ndelinquent water and sewer charges to allow the property owner a reasonable\nopportunity to pay the amount of the outstanding balance and avoid the\nrecordation of a lien against the property. The lien may be in the amount of (i)\nup to the number of months of delinquent water or sewer charges when the water\nor sewer is, or both are, provided to the property owner; (ii) any applicable\npenalties and interest on such delinquent charges; and (iii) reasonable attorney\nfees and other costs of collection not exceeding 20 percent of such delinquent\ncharges. In no case shall a lien for less than $25 be placed against the\nproperty.\n\nF. Notwithstanding any provision of law to the contrary, any town with a\npopulation between 11,000 and 14,000, with the concurrence of the affected\ncounty, that provides and operates sewer services outside its boundaries may\nprovide sewer services to industrial and commercial users outside its boundaries\nand collect such compensation therefor as may be contracted for between the town\nand such user. Such town shall not thereby be obligated to provide sewer\nservices to any other users outside its boundaries.\n\nG. The lien shall not bind or affect a subsequent bona fide purchaser of the\nreal estate for valuable consideration without actual notice of the lien until\nthe amount of such delinquent charges is entered in the official records of the\noffice of the clerk of the circuit court in the jurisdiction in which the real\nestate is located. The clerk shall make and index the entries in the\nclerk’s official records for a fee of $5 per entry, to be paid by the\nlocality and added to the amount of the lien.\n\nH. The lien on any real estate may be discharged by the payment to the locality\nof the total lien amount and the interest which has accrued to the date of the\npayment. The locality shall deliver a fully executed lien release substantially\nin the form set forth in this subsection to the person making the payment. The\nlocality shall provide the fully executed lien release to the person who made\npayment within 10 business days of such payment if the person who made such\npayment did not personally appear at the time of such payment. Upon presentation\nof such lien release, the clerk shall mark the lien satisfied. There shall be no\nseparate clerk’s fee for such lien release. For purposes of this section,\na lien release of the water and sewer lien substantially in the form as follows\nshall be sufficient compliance with this section:\n\t\t\tPrepared By and When:\n\t\t\tRecorded Return to:\n\t\t\tTax Parcel\/GPIN Number:\n\t\t\tCERTIFICATE OF RELEASE OF WATER AND SEWER SERVICE LIEN\n\t\t\tPursuant to Va. Code Annotated § 15.2-2119 (H), this release is exempt\nfrom recordation fees.\n\t\t\tDate Lien Recorded: Instrument Deed Book No.:\n\t\t\tGrantee for Index Purposes:\n\t\t\tClaim Asserted: Delinquent water and sewer service charges in the amount of\n$.\n\t\t\tDescription of Property: [Insert name of property owner and tax map\nparcel\/GPIN Number]\n\t\t\tThe above-mentioned lien is hereby released.\n\t\t\tBY:\n\t\t\tTITLE:\n\t\t\tCOMMONWEALTH OF VIRGINIA\n\t\t\tCITY\/COUNTY OF , to-wit:\n\t\t\tAcknowledged, subscribed, and sworn to before me this day of by as of the\n[Insert Water\/Sewer Provider Name] on behalf of [Insert Water\/Sewer Provider\nName].\n\t\t\tNotary Public\n\t\t\tMy commission expires:\n\t\t\tNotary Registration Number:\n\nHISTORY: Code 1950, \u00a7 15-739.2; 1950, p. 1611; 1962, c. 623, \u00a7 15.1-321; 1991,\nc. 476; 1994, c. 932; 1997, cc. 12,; 1998, c. 223; 2001, c. 13; 2005, c. 912;\n2011, cc. 529, 580; 2012, c. 766; 2016, cc. 415, 528; 2017, c. 736; 2025, c.\n586.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}