{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/21-118.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/21-118.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/21-118.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/21-118.4.html"}],"law_id":55541,"edition_id":1,"section_id":55541,"structure_id":14019,"section_number":"21-118.4","catch_line":"Certain additional powers of governing body","history":"1962, c. 571; 1964, c. 517; 1970, c. 674; 1975, cc. 251, 490; 1976, c. 684; 1977, c. 516; 1981, cc. 554, 563, 564; 1982, c. 447; 1983, c. 422; 1994, c. 432; 1997, c. 12; 2000, c. 230; 2011, cc. 438, 496; 2012, c. 485; 2017, c. 14.","full_text":"Notwithstanding any other provisions of law, when an ordinance has been adopted creating a sanitary district in such county, the board of supervisors or other governing body hereinafter referred to as “board of supervisors” shall have the following powers and duties, in addition to such powers and duties created by any law, subject to the conditions and limitations hereinafter prescribed:\n\na\n\nTo construct, reconstruct, maintain, alter, improve, add to, and operate dams, motor vehicle parking lots, water supply, drainage, sewerage, garbage disposal, heat, light, power, gas, sidewalks, curbs, gutters, streets and street name signs, and fire-fighting systems, for the use and benefit of the public in such sanitary district and as to such motor vehicle parking lots systems to make such charges for the use of such facilities as may be prescribed by said board or body;a1\n\nTo acquire, construct, maintain, and operate, or to contract for such acquisition, construction, maintenance, and operation, within such sanitary district, such community buildings, community centers, other recreational facilities, and advisory community planning councils as the board may deem expedient or advisable, and to make such charges for the use of such facilities as may be prescribed by the board;b\n\nTo acquire by gift, condemnation, purchase, lease, or otherwise, and to maintain and operate any such dams, motor vehicle parking lots, water supply, drainage, sewerage, garbage disposal, heat, light, power, gas, sidewalks, curbs, gutters, streets and street name signs, and fire-fighting systems in such district;c\n\nTo contract with any person, firm, corporation, municipality, county, authority, or the federal government or any agency thereof to acquire, construct, reconstruct, maintain, alter, improve, add to, and operate any such dams, motor vehicle parking lots, water supply, drainage, sewerage, garbage removal and disposal, heat, light, power, gas, sidewalks, curbs, gutters, streets and street name signs, and fire-fighting systems in such district, and to accept the funds of, or to reimburse from any available source, such person, firm, corporation, municipality, county, authority, or the federal government or any agency thereof for either the whole or any part of the costs, expenses, and charges incident to the acquisition, construction, reconstruction, maintenance, alteration, improvement, addition to, and operation of any such system or systems;d\n\nTo require owners or tenants of any property in the district to connect with any such system or systems, and to contract with the owners or tenants for such connections. In order to require owners or tenants of any property in the district to connect with any such system or systems, the board of supervisors shall have power and authority to adopt ordinances so requiring owners or tenants to connect with such systems, and to use the same, and the board of supervisors shall have power to provide for a punishment in the ordinance of not exceeding a $50 fine for each failure and refusal to so connect with such systems, or to use the same. Before adopting any such ordinance the board of supervisors shall give public notice of the intention to propose the same for passage by posting handbill notices of such proposal in three or more public places in the sanitary district at least 10 days prior to the time the ordinance shall be proposed for passage. The ordinance shall not become effective after its passage until 10 days’ like notice has been given by posting copies of such ordinance in three or more public places in the district. The board of supervisors, in lieu of giving notice in such manner, may cause notice to be published in the manner provided in § 15.2-1427 for imposing or increasing any tax or levy. Violations of such ordinances shall be tried before the county court of the county as is provided for trial of misdemeanors, and with like right of appeal;e\n\nTo fix and prescribe or change the rates of charge for the use of any such system or systems, the rate of charge for connection to any such system or systems, a late charge not to exceed 10 percent of the amount due or $10, whichever is the greater, and interest on outstanding bills at the rate provided for in § 58.1-3918, after a public hearing upon notice as provided in subdivision (d) and to provide for the collection of such charges. In fixing such rates the sanitary district may seek the advice of the State Corporation Commission. The Commission may charge the district a reasonable fee for any advice given pursuant to this section. The board of supervisors may provide for the exemption from, deferral of or reduction of the rates of charge for the use of any garbage disposal system or systems by persons at least 65 years of age or persons permanently and totally disabled as defined in § 58.1-3217. Any such exemptions, deferrals or reductions may be conditioned upon only the income criteria as provided by § 58.1-3211 as in effect on December 31, 2010. And to enable the board to enforce the collection of charges for the use of any such system against the person or persons, firm or corporation using the same, the charges when made for the use of any such system shall be collectible by distress, levy, garnishment, attachment or otherwise without recourse to court procedure, except so far as the selected procedure may require the same. And the board shall have power to designate as its agent for the purpose of collection such officer or officers or person or persons as it may determine, and the officer or officers or person or persons shall be vested with the same power and authority as a sheriff or constable may have in like procedure.\n\t\t\tWater and sewer connection fees established by any county, city, town, or sanitary district shall be fair and reasonable. Such fees shall be reviewed by the county, city, town or sanitary district periodically and shall be adjusted, if necessary, to assure that they continue to be fair and reasonable. Nothing herein shall affect existing contracts with bondholders which are in conflict with any of the foregoing provisions.\n\t\t\tIf any rates, fees or charges for the use of and for the services furnished by any system acquired or constructed by the sanitary district under the provisions of this chapter shall not be paid within 30 days after the same shall become due and payable, and the person who incurred the debt is the occupant of such premises, the board may at the expiration of such 30-day period disconnect the premises from the water and\/or sewer system, or otherwise suspend services, and the board may proceed to recover the amount of any such delinquent rates, fees or charges, with interest, in a civil action.\n\t\t\tIf any rates, fees, or charges for the use and services of any water or sewer system acquired or constructed by the sanitary district under the provisions of this chapter shall not be paid within 30 days after the same becomes due and payable, the occupant-debtor of such premises shall cease to dispose of sewage or industrial wastes originating from or on such premises by discharge thereof directly or indirectly into the sewer system until such rates, fees, or charges with interest shall be paid. If such occupant-debtor does not cease such disposal at the expiration of such 30-day period, the political subdivision or district or other public corporation, board, or body supplying water to or selling water for use on such premises may, within five days after the receipt of notice of such delinquency, cease to supply water to or to sell water to such occupant-debtor. If such political subdivision or district or public corporation, board, or body shall not, at the expiration of such five-day period, cease supplying water to or selling water for use by such occupant-debtor, then the governing body within whose geographical boundaries such sanitary district lies may shut off the supply of water to such person.\n\t\t\tThe water supply to or for any occupant-debtor shall not be shut off or stopped under the provisions of this section, if the State Health Commissioner, upon application of the local board of health or health officer of the county, city or town wherein such water is supplied or such real estate is located, shall have found and shall certify to the authorities charged with the responsibility of ceasing to supply or sell such water, or to shut off the supply of such water, that ceasing to supply or shutting off such water supply will endanger the health of such person or the health of others in such county, city or town.\n\t\t\tAny unpaid charge shall become a lien superior to the interest of any owner, lessee or tenant, and next in succession to county taxes, on the real property on which the use of any such system was made and for which the charge was imposed. However, such lien shall not bind or affect a subsequent bona fide purchaser of such real estate for valuable consideration without actual notice of such lien, except and until from the time that the amount of such charge is entered in the Judgment Lien Docket kept in the office where deeds may be recorded in the political subdivision wherein the real estate or a part thereof is located. It shall be the duty of the clerk in whose office deeds may be recorded to keep and preserve and hold available for public inspection such Judgment Lien Docket and to cause entries to be made and indexed therein from time to time upon certification by the board for which he shall be entitled to a fee of five dollars per entry to be paid by the board and added to the amount of the lien.\n\t\t\tNo such lien shall be placed by the board unless the board or its billing and collection agent (i) shall have advised the owner of such real estate at the time of initiating service to a lessee or tenant of such real estate that a lien will be placed on such real estate if the lessee or tenant fails to pay any fees, rents or other charges when due for services rendered to such lessee or tenant; (ii) shall have mailed to the owner of such real estate a duplicate copy of the final bill rendered to such lessee or tenant at the time of rendering the final bill to such lessee or tenant; and (iii) shall employ the same collection efforts and practices to collect amounts due the board from a lessee or a tenant as are employed with respect to collection of such amounts due from customers who are owners of the real estate for which service is provided.\n\t\t\tSuch lien on any real estate may be discharged by the payment to the board of the total amount of such lien, and interest accrued thereon to the date of such payment, and the entry fee of two dollars, and it shall be the duty of the board to deliver a certificate thereof to the person paying the same, and upon presentation thereof and the payment of the further fee of one dollar by such person, the clerk having the record of such lien shall mark the entry of such lien satisfied.\n\t\t\tJurisdiction to enforce any such lien shall be in equity and the court may decree the real estate subject to the lien, or any part thereof, to be sold and the proceeds applied to the payment of such lien and the interest which may accrue to the date of such payment.\n\t\t\tNothing contained herein shall be construed to prejudice the right of the board to recover the amount of such lien, or of the charge, and the interest which may accrue, by action at law or otherwise, which relief shall be cumulative and not alternative;f\n\nTo employ and fix the compensation of any technical, clerical, or other force and help which from time to time, in their judgment, may be deemed necessary for the construction, operation, or maintenance of any such system or systems;g\n\nTo negotiate and contract with any person, firm, corporation, county, authority, or municipality with regard to the connection of any system or systems with any other system or systems now in operation or hereafter to be established, and with regard to any other matter necessary and proper for the construction or operation and maintenance of any such system within the sanitary district;h\n\nTo contract for the extension of any such system into territory outside of the district, and for the use thereof, upon such terms and conditions as the board may from time to time determine upon;i\n\nWith respect to the maintenance and operation of said motor vehicle parking lots system, the board is authorized to purchase, install, maintain, and operate, and to fix and charge parking meter fees for the use of, such parking lot or lots;j\n\nInsofar as is permitted by Article VIII, Section 5 and Article VIII, Section 7 of the Constitution of Virginia to construct or contract to construct within such sanitary district, at the request of the school board and subject to all provisions of law applicable to the construction of school buildings, and additions thereto;k\n\nTo borrow not earlier than January 1 of any year, or the first day of the fiscal year of the district, for the purpose of meeting casual deficits in the revenue of the district or creating a debt in anticipation of the collection of the revenue of the district, a sum of money not to exceed one-half of the amount reasonably anticipated to be produced by the revenues of the district, including taxes levied pursuant to § 21-119, for the year in which the loan is negotiated; provided, there shall be excluded from the amount reasonably anticipated to be produced by the revenue of the district any anticipated tax revenues of the district which have not actually been levied and assessed against property within the district.\n\t\t\tNotwithstanding any provisions of law to the contrary, any sanitary district is empowered to borrow in advance of grants and reimbursements due the district from the federal and state governments for the purpose of meeting appropriations for the then current fiscal year. “Grants” and “reimbursements” as used herein shall mean grants which the district has been formally advised in writing it will receive, and reimbursements on moneys which the federal or state governments are obligated to pay the district on account of expenditures made in anticipation of receiving such payment from the federal or state government. The district may borrow the full amount of the grant or reimbursement that the federal or state government is obligated to pay at the time the loan is issued. The loan shall be repaid within 60 days of the time the grant or reimbursement is received, but in any event, the loan shall be repaid within one year from the date of its issue.\n\t\t\tSuch temporary loans shall be evidenced by notes or bonds, negotiable or nonnegotiable as the board of supervisors may determine; shall bear interest at a rate as provided in § 2.2-5000; and shall be repaid not later than either December 15 of the year in which they are borrowed or 15 days before the last day of the fiscal year of the district. No extension of any such loan shall be valid. No additional loan under this subsection shall be made until all temporary loans of preceding years shall have been paid. No election shall be required for the issuance of any bond pursuant to the provisions of this subsection. Except as this subsection otherwise provides, any bonds issued pursuant to this subsection may be issued in accordance with the provisions of §§ 21-130 through 21-136;l\n\nNotwithstanding any other provision of this chapter to the contrary, where the use of any water or sewer systems described in this section is contracted for by an occupant who is not the owner of the premises and where such occupant’s premises are separately metered for service, the owner of any such premises shall be liable only for the payment of delinquent rates or charges applicable to three delinquent billing periods but not to exceed a period of 90 days for such delinquency. No board shall refuse to service other premises of the owner not occupied by an occupant who is delinquent in the payment of such rates or charges on account of such delinquency provided that such owner has paid in full any delinquent charges for which he would be responsible for paying. No board shall refuse to service or unreasonably delay reinstatement of service to premises where such occupant who is delinquent has vacated the premises and a new party has applied for service provided such owner has paid in full such delinquent charges as he would be responsible for paying.","order_by":null,"text":{"0":{"id":203544,"text":"Notwithstanding any other provisions of law, when an ordinance has been adopted creating a sanitary district in such county, the board of supervisors or other governing body hereinafter referred to as “board of supervisors” shall have the following powers and duties, in addition to such powers and duties created by any law, subject to the conditions and limitations hereinafter prescribed:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"a"},"1":{"id":203545,"text":"To construct, reconstruct, maintain, alter, improve, add to, and operate dams, motor vehicle parking lots, water supply, drainage, sewerage, garbage disposal, heat, light, power, gas, sidewalks, curbs, gutters, streets and street name signs, and fire-fighting systems, for the use and benefit of the public in such sanitary district and as to such motor vehicle parking lots systems to make such charges for the use of such facilities as may be prescribed by said board or body;","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"prior_prefix":"","next_prefix":"aa1"},"2":{"id":203546,"text":"To acquire, construct, maintain, and operate, or to contract for such acquisition, construction, maintenance, and operation, within such sanitary district, such community buildings, community centers, other recreational facilities, and advisory community planning councils as the board may deem expedient or advisable, and to make such charges for the use of such facilities as may be prescribed by the board;","type":"section","prefixes":["a","a1"],"prefix":"a1","entire_prefix":"aa1","prefix_anchor":"aa1","level":2,"prior_prefix":"a","next_prefix":"b"},"3":{"id":203547,"text":"To acquire by gift, condemnation, purchase, lease, or otherwise, and to maintain and operate any such dams, motor vehicle parking lots, water supply, drainage, sewerage, garbage disposal, heat, light, power, gas, sidewalks, curbs, gutters, streets and street name signs, and fire-fighting systems in such district;","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"aa1","next_prefix":"c"},"4":{"id":203548,"text":"To contract with any person, firm, corporation, municipality, county, authority, or the federal government or any agency thereof to acquire, construct, reconstruct, maintain, alter, improve, add to, and operate any such dams, motor vehicle parking lots, water supply, drainage, sewerage, garbage removal and disposal, heat, light, power, gas, sidewalks, curbs, gutters, streets and street name signs, and fire-fighting systems in such district, and to accept the funds of, or to reimburse from any available source, such person, firm, corporation, municipality, county, authority, or the federal government or any agency thereof for either the whole or any part of the costs, expenses, and charges incident to the acquisition, construction, reconstruction, maintenance, alteration, improvement, addition to, and operation of any such system or systems;","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"d"},"5":{"id":203549,"text":"To require owners or tenants of any property in the district to connect with any such system or systems, and to contract with the owners or tenants for such connections. In order to require owners or tenants of any property in the district to connect with any such system or systems, the board of supervisors shall have power and authority to adopt ordinances so requiring owners or tenants to connect with such systems, and to use the same, and the board of supervisors shall have power to provide for a punishment in the ordinance of not exceeding a $50 fine for each failure and refusal to so connect with such systems, or to use the same. Before adopting any such ordinance the board of supervisors shall give public notice of the intention to propose the same for passage by posting handbill notices of such proposal in three or more public places in the sanitary district at least 10 days prior to the time the ordinance shall be proposed for passage. The ordinance shall not become effective after its passage until 10 days’ like notice has been given by posting copies of such ordinance in three or more public places in the district. The board of supervisors, in lieu of giving notice in such manner, may cause notice to be published in the manner provided in § 15.2-1427 for imposing or increasing any tax or levy. Violations of such ordinances shall be tried before the county court of the county as is provided for trial of misdemeanors, and with like right of appeal;","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c","next_prefix":"e"},"6":{"id":203550,"text":"To fix and prescribe or change the rates of charge for the use of any such system or systems, the rate of charge for connection to any such system or systems, a late charge not to exceed 10 percent of the amount due or $10, whichever is the greater, and interest on outstanding bills at the rate provided for in § 58.1-3918, after a public hearing upon notice as provided in subdivision (d) and to provide for the collection of such charges. In fixing such rates the sanitary district may seek the advice of the State Corporation Commission. The Commission may charge the district a reasonable fee for any advice given pursuant to this section. The board of supervisors may provide for the exemption from, deferral of or reduction of the rates of charge for the use of any garbage disposal system or systems by persons at least 65 years of age or persons permanently and totally disabled as defined in § 58.1-3217. Any such exemptions, deferrals or reductions may be conditioned upon only the income criteria as provided by § 58.1-3211 as in effect on December 31, 2010. And to enable the board to enforce the collection of charges for the use of any such system against the person or persons, firm or corporation using the same, the charges when made for the use of any such system shall be collectible by distress, levy, garnishment, attachment or otherwise without recourse to court procedure, except so far as the selected procedure may require the same. And the board shall have power to designate as its agent for the purpose of collection such officer or officers or person or persons as it may determine, and the officer or officers or person or persons shall be vested with the same power and authority as a sheriff or constable may have in like procedure.\n\t\t\tWater and sewer connection fees established by any county, city, town, or sanitary district shall be fair and reasonable. Such fees shall be reviewed by the county, city, town or sanitary district periodically and shall be adjusted, if necessary, to assure that they continue to be fair and reasonable. Nothing herein shall affect existing contracts with bondholders which are in conflict with any of the foregoing provisions.\n\t\t\tIf any rates, fees or charges for the use of and for the services furnished by any system acquired or constructed by the sanitary district under the provisions of this chapter shall not be paid within 30 days after the same shall become due and payable, and the person who incurred the debt is the occupant of such premises, the board may at the expiration of such 30-day period disconnect the premises from the water and\/or sewer system, or otherwise suspend services, and the board may proceed to recover the amount of any such delinquent rates, fees or charges, with interest, in a civil action.\n\t\t\tIf any rates, fees, or charges for the use and services of any water or sewer system acquired or constructed by the sanitary district under the provisions of this chapter shall not be paid within 30 days after the same becomes due and payable, the occupant-debtor of such premises shall cease to dispose of sewage or industrial wastes originating from or on such premises by discharge thereof directly or indirectly into the sewer system until such rates, fees, or charges with interest shall be paid. If such occupant-debtor does not cease such disposal at the expiration of such 30-day period, the political subdivision or district or other public corporation, board, or body supplying water to or selling water for use on such premises may, within five days after the receipt of notice of such delinquency, cease to supply water to or to sell water to such occupant-debtor. If such political subdivision or district or public corporation, board, or body shall not, at the expiration of such five-day period, cease supplying water to or selling water for use by such occupant-debtor, then the governing body within whose geographical boundaries such sanitary district lies may shut off the supply of water to such person.\n\t\t\tThe water supply to or for any occupant-debtor shall not be shut off or stopped under the provisions of this section, if the State Health Commissioner, upon application of the local board of health or health officer of the county, city or town wherein such water is supplied or such real estate is located, shall have found and shall certify to the authorities charged with the responsibility of ceasing to supply or sell such water, or to shut off the supply of such water, that ceasing to supply or shutting off such water supply will endanger the health of such person or the health of others in such county, city or town.\n\t\t\tAny unpaid charge shall become a lien superior to the interest of any owner, lessee or tenant, and next in succession to county taxes, on the real property on which the use of any such system was made and for which the charge was imposed. However, such lien shall not bind or affect a subsequent bona fide purchaser of such real estate for valuable consideration without actual notice of such lien, except and until from the time that the amount of such charge is entered in the Judgment Lien Docket kept in the office where deeds may be recorded in the political subdivision wherein the real estate or a part thereof is located. It shall be the duty of the clerk in whose office deeds may be recorded to keep and preserve and hold available for public inspection such Judgment Lien Docket and to cause entries to be made and indexed therein from time to time upon certification by the board for which he shall be entitled to a fee of five dollars per entry to be paid by the board and added to the amount of the lien.\n\t\t\tNo such lien shall be placed by the board unless the board or its billing and collection agent (i) shall have advised the owner of such real estate at the time of initiating service to a lessee or tenant of such real estate that a lien will be placed on such real estate if the lessee or tenant fails to pay any fees, rents or other charges when due for services rendered to such lessee or tenant; (ii) shall have mailed to the owner of such real estate a duplicate copy of the final bill rendered to such lessee or tenant at the time of rendering the final bill to such lessee or tenant; and (iii) shall employ the same collection efforts and practices to collect amounts due the board from a lessee or a tenant as are employed with respect to collection of such amounts due from customers who are owners of the real estate for which service is provided.\n\t\t\tSuch lien on any real estate may be discharged by the payment to the board of the total amount of such lien, and interest accrued thereon to the date of such payment, and the entry fee of two dollars, and it shall be the duty of the board to deliver a certificate thereof to the person paying the same, and upon presentation thereof and the payment of the further fee of one dollar by such person, the clerk having the record of such lien shall mark the entry of such lien satisfied.\n\t\t\tJurisdiction to enforce any such lien shall be in equity and the court may decree the real estate subject to the lien, or any part thereof, to be sold and the proceeds applied to the payment of such lien and the interest which may accrue to the date of such payment.\n\t\t\tNothing contained herein shall be construed to prejudice the right of the board to recover the amount of such lien, or of the charge, and the interest which may accrue, by action at law or otherwise, which relief shall be cumulative and not alternative;","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d","next_prefix":"f"},"7":{"id":203551,"text":"To employ and fix the compensation of any technical, clerical, or other force and help which from time to time, in their judgment, may be deemed necessary for the construction, operation, or maintenance of any such system or systems;","type":"section","prefixes":["f"],"prefix":"f","entire_prefix":"f","prefix_anchor":"f","level":1,"prior_prefix":"e","next_prefix":"g"},"8":{"id":203552,"text":"To negotiate and contract with any person, firm, corporation, county, authority, or municipality with regard to the connection of any system or systems with any other system or systems now in operation or hereafter to be established, and with regard to any other matter necessary and proper for the construction or operation and maintenance of any such system within the sanitary district;","type":"section","prefixes":["g"],"prefix":"g","entire_prefix":"g","prefix_anchor":"g","level":1,"prior_prefix":"f","next_prefix":"h"},"9":{"id":203553,"text":"To contract for the extension of any such system into territory outside of the district, and for the use thereof, upon such terms and conditions as the board may from time to time determine upon;","type":"section","prefixes":["h"],"prefix":"h","entire_prefix":"h","prefix_anchor":"h","level":1,"prior_prefix":"g","next_prefix":"i"},"10":{"id":203554,"text":"With respect to the maintenance and operation of said motor vehicle parking lots system, the board is authorized to purchase, install, maintain, and operate, and to fix and charge parking meter fees for the use of, such parking lot or lots;","type":"section","prefixes":["i"],"prefix":"i","entire_prefix":"i","prefix_anchor":"i","level":1,"prior_prefix":"h","next_prefix":"j"},"11":{"id":203555,"text":"Insofar as is permitted by Article VIII, Section 5 and Article VIII, Section 7 of the Constitution of Virginia to construct or contract to construct within such sanitary district, at the request of the school board and subject to all provisions of law applicable to the construction of school buildings, and additions thereto;","type":"section","prefixes":["j"],"prefix":"j","entire_prefix":"j","prefix_anchor":"j","level":1,"prior_prefix":"i","next_prefix":"k"},"12":{"id":203556,"text":"To borrow not earlier than January 1 of any year, or the first day of the fiscal year of the district, for the purpose of meeting casual deficits in the revenue of the district or creating a debt in anticipation of the collection of the revenue of the district, a sum of money not to exceed one-half of the amount reasonably anticipated to be produced by the revenues of the district, including taxes levied pursuant to § 21-119, for the year in which the loan is negotiated; provided, there shall be excluded from the amount reasonably anticipated to be produced by the revenue of the district any anticipated tax revenues of the district which have not actually been levied and assessed against property within the district.\n\t\t\tNotwithstanding any provisions of law to the contrary, any sanitary district is empowered to borrow in advance of grants and reimbursements due the district from the federal and state governments for the purpose of meeting appropriations for the then current fiscal year. “Grants” and “reimbursements” as used herein shall mean grants which the district has been formally advised in writing it will receive, and reimbursements on moneys which the federal or state governments are obligated to pay the district on account of expenditures made in anticipation of receiving such payment from the federal or state government. The district may borrow the full amount of the grant or reimbursement that the federal or state government is obligated to pay at the time the loan is issued. The loan shall be repaid within 60 days of the time the grant or reimbursement is received, but in any event, the loan shall be repaid within one year from the date of its issue.\n\t\t\tSuch temporary loans shall be evidenced by notes or bonds, negotiable or nonnegotiable as the board of supervisors may determine; shall bear interest at a rate as provided in § 2.2-5000; and shall be repaid not later than either December 15 of the year in which they are borrowed or 15 days before the last day of the fiscal year of the district. No extension of any such loan shall be valid. No additional loan under this subsection shall be made until all temporary loans of preceding years shall have been paid. No election shall be required for the issuance of any bond pursuant to the provisions of this subsection. Except as this subsection otherwise provides, any bonds issued pursuant to this subsection may be issued in accordance with the provisions of §§ 21-130 through 21-136;","type":"section","prefixes":["k"],"prefix":"k","entire_prefix":"k","prefix_anchor":"k","level":1,"prior_prefix":"j","next_prefix":"l"},"13":{"id":203557,"text":"Notwithstanding any other provision of this chapter to the contrary, where the use of any water or sewer systems described in this section is contracted for by an occupant who is not the owner of the premises and where such occupant’s premises are separately metered for service, the owner of any such premises shall be liable only for the payment of delinquent rates or charges applicable to three delinquent billing periods but not to exceed a period of 90 days for such delinquency. No board shall refuse to service other premises of the owner not occupied by an occupant who is delinquent in the payment of such rates or charges on account of such delinquency provided that such owner has paid in full any delinquent charges for which he would be responsible for paying. No board shall refuse to service or unreasonably delay reinstatement of service to premises where such occupant who is delinquent has vacated the premises and a new party has applied for service provided such owner has paid in full such delinquent charges as he would be responsible for paying.","type":"section","prefixes":["l"],"prefix":"l","entire_prefix":"l","prefix_anchor":"l","level":1,"prior_prefix":"k"}},"ancestry":[{"id":14019,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14018,"metadata":{},"date_created":"2026-06-26 03:46:37","date_modified":"2026-06-26 03:46:37","permalink":{"id":179475,"object_type":"structure","relational_id":14019,"identifier":"1","token":"21\/2\/1","url":"\/21\/2\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14018,"edition_id":1,"name":"Sanitary Districts","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":13075,"metadata":{},"date_created":"2026-06-26 03:46:37","date_modified":"2026-06-26 03:46:37","permalink":{"id":179473,"object_type":"structure","relational_id":14018,"identifier":"2","token":"21\/2","url":"\/21\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13075,"edition_id":1,"name":"Drainage, Soil Conservation, Sanitation and Public Facilities Districts","identifier":"21","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:14","date_modified":"2026-06-26 03:44:14","permalink":{"id":179465,"object_type":"structure","relational_id":13075,"identifier":"21","token":"21","url":"\/21\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79910,"structure_id":14019,"section_number":"21-112.22","catch_line":"Definitions","url":"\/21-112.22\/","token":"21\/2\/1\/21-112.22","metadata":false},{"id":79759,"structure_id":14019,"section_number":"21-113","catch_line":"Creation; inclusion of town in new or enlarged district","url":"\/21-113\/","token":"21\/2\/1\/21-113","metadata":false},{"id":59808,"structure_id":14019,"section_number":"21-114","catch_line":"Hearing and notice thereof","url":"\/21-114\/","token":"21\/2\/1\/21-114","metadata":false},{"id":71490,"structure_id":14019,"section_number":"21-115","catch_line":"Answer and defense","url":"\/21-115\/","token":"21\/2\/1\/21-115","metadata":false},{"id":64324,"structure_id":14019,"section_number":"21-116","catch_line":"Enlargement of sanitary districts","url":"\/21-116\/","token":"21\/2\/1\/21-116","metadata":false},{"id":60593,"structure_id":14019,"section_number":"21-116.1","catch_line":"Alteration of boundaries or reduction of area of sanitary districts in certain counties","url":"\/21-116.1\/","token":"21\/2\/1\/21-116.1","metadata":false},{"id":85899,"structure_id":14019,"section_number":"21-117","catch_line":"Merger of sanitary districts","url":"\/21-117\/","token":"21\/2\/1\/21-117","metadata":false},{"id":78368,"structure_id":14019,"section_number":"21-117.1","catch_line":"Abolishing sanitary districts","url":"\/21-117.1\/","token":"21\/2\/1\/21-117.1","metadata":false},{"id":73089,"structure_id":14019,"section_number":"21-118","catch_line":"Powers and duties of governing body","url":"\/21-118\/","token":"21\/2\/1\/21-118","metadata":false},{"id":75138,"structure_id":14019,"section_number":"21-118.1","catch_line":"Authority to acquire property from United States or any agency thereof","url":"\/21-118.1\/","token":"21\/2\/1\/21-118.1","metadata":false},{"id":60375,"structure_id":14019,"section_number":"21-118.2","catch_line":"Certain counties authorized to use sanitary district funds for certain purposes","url":"\/21-118.2\/","token":"21\/2\/1\/21-118.2","metadata":false},{"id":58517,"structure_id":14019,"section_number":"21-118.3","catch_line":"Levy and expenditure of taxes in certain counties; validation of expenditures","url":"\/21-118.3\/","token":"21\/2\/1\/21-118.3","metadata":false},{"id":55541,"structure_id":14019,"section_number":"21-118.4","catch_line":"Certain additional powers of governing body","url":"\/21-118.4\/","token":"21\/2\/1\/21-118.4","metadata":false},{"id":60162,"structure_id":14019,"section_number":"21-118.5","catch_line":"Unified water supply and sewerage systems for counties and sanitary districts; power of county governing body to fix rates; application of Public Finance Act","url":"\/21-118.5\/","token":"21\/2\/1\/21-118.5","metadata":false},{"id":64467,"structure_id":14019,"section_number":"21-118.6","catch_line":"Same; application of revenues; tax levy where revenues insufficient","url":"\/21-118.6\/","token":"21\/2\/1\/21-118.6","metadata":false},{"id":55514,"structure_id":14019,"section_number":"21-118.7","catch_line":"Same; payment to county of revenues held by district","url":"\/21-118.7\/","token":"21\/2\/1\/21-118.7","metadata":false},{"id":75754,"structure_id":14019,"section_number":"21-118.8","catch_line":"Same; ratification of prior agreements","url":"\/21-118.8\/","token":"21\/2\/1\/21-118.8","metadata":false},{"id":60483,"structure_id":14019,"section_number":"21-119","catch_line":"Sanitary districts are special taxing districts; nature of improvements; jurisdiction of governing bodies, etc., not affected","url":"\/21-119\/","token":"21\/2\/1\/21-119","metadata":false},{"id":85540,"structure_id":14019,"section_number":"21-119.1","catch_line":"Transfer of certain sanitary districts to towns","url":"\/21-119.1\/","token":"21\/2\/1\/21-119.1","metadata":false},{"id":59431,"structure_id":14019,"section_number":"21-120","catch_line":"In certain cities and counties","url":"\/21-120\/","token":"21\/2\/1\/21-120","metadata":false},{"id":58535,"structure_id":14019,"section_number":"21-121","catch_line":"Validation of proceedings","url":"\/21-121\/","token":"21\/2\/1\/21-121","metadata":false},{"id":55109,"structure_id":14019,"section_number":"21-121.1","catch_line":"Further validation of proceedings","url":"\/21-121.1\/","token":"21\/2\/1\/21-121.1","metadata":false},{"id":60765,"structure_id":14019,"section_number":"21-121.2","catch_line":"Additional validation of proceedings","url":"\/21-121.2\/","token":"21\/2\/1\/21-121.2","metadata":false},{"id":72800,"structure_id":14019,"section_number":"21-121.2:1","catch_line":"Same; bond issues","url":"\/21-121.2_1\/","token":"21\/2\/1\/21-121.2_1","metadata":false},{"id":76866,"structure_id":14019,"section_number":"21-121.3","catch_line":"Powers of districts created under other laws","url":"\/21-121.3\/","token":"21\/2\/1\/21-121.3","metadata":false},{"id":77568,"structure_id":14019,"section_number":"21-121.4","catch_line":"Powers of boards of supervisors and other governing bodies of counties with respect to sanitary districts","url":"\/21-121.4\/","token":"21\/2\/1\/21-121.4","metadata":false},{"id":78011,"structure_id":14019,"section_number":"21-121.5","catch_line":"Validation of certain actions","url":"\/21-121.5\/","token":"21\/2\/1\/21-121.5","metadata":false},{"id":66618,"structure_id":14019,"section_number":"21-121.6","catch_line":"Sanitary districts in certain counties with a water and sewer authority","url":"\/21-121.6\/","token":"21\/2\/1\/21-121.6","metadata":false}],"previous_section":{"id":58517,"structure_id":14019,"section_number":"21-118.3","catch_line":"Levy and expenditure of taxes in certain counties; validation of expenditures","url":"\/21-118.3\/","token":"21\/2\/1\/21-118.3","metadata":false},"next_section":{"id":60162,"structure_id":14019,"section_number":"21-118.5","catch_line":"Unified water supply and sewerage systems for counties and sanitary districts; power of county governing body to fix rates; application of Public Finance Act","url":"\/21-118.5\/","token":"21\/2\/1\/21-118.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/21-118.4\/","history_text":"

This law was first created in 1962. The record of its establishment is cataloged in chapter 571 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1962 \u201cActs\u201d aren\u2019t available online. It has been modified 14 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 1964, chapter 517; in 1970, chapter 674; in 1975, chapters 251 and 490; in 1976, chapter 684; in 1977, chapter 516; in 1981, chapters 554, 563, and 564; in 1982, chapter 447; in 1983, chapter 422; in 1994, chapter 432<\/a>; in 1997, chapter 12<\/a>; in 2000, chapter 230<\/a>; in 2011, chapters 438<\/a> and 496<\/a>; in 2012, chapter 485<\/a>; in 2017, chapter 14<\/a>.<\/p>","references":[{"id":73089,"section_number":"21-118","catch_line":"Powers and duties of governing body","order_by":null,"url":"\/21-118\/"},{"id":60162,"section_number":"21-118.5","catch_line":"Unified water supply and sewerage systems for counties and sanitary districts; power of county governing body to fix rates; application of Public Finance Act","order_by":null,"url":"\/21-118.5\/"},{"id":60483,"section_number":"21-119","catch_line":"Sanitary districts are special taxing districts; nature of improvements; jurisdiction of governing bodies, etc., not affected","order_by":null,"url":"\/21-119\/"},{"id":77568,"section_number":"21-121.4","catch_line":"Powers of boards of supervisors and other governing bodies of counties with respect to sanitary districts","order_by":null,"url":"\/21-121.4\/"}],"refers_to":[{"id":65433,"section_number":"15.2-1427","catch_line":"Adoption of ordinances and resolutions generally; amending or repealing ordinances","order_by":null,"url":"\/15.2-1427\/"},{"id":76910,"section_number":"2.2-5000","catch_line":"Governmental instrumentalities authorized to issue bonds, etc., at rates of interest in excess of legal limits; sale of such bonds","order_by":null,"url":"\/2.2-5000\/"},{"id":60483,"section_number":"21-119","catch_line":"Sanitary districts are special taxing districts; nature of improvements; jurisdiction of governing bodies, etc., not affected","order_by":null,"url":"\/21-119\/"},{"id":76341,"section_number":"21-130","catch_line":"Form of bonds","order_by":null,"url":"\/21-130\/"},{"id":78774,"section_number":"21-136","catch_line":"Bond of depository","order_by":null,"url":"\/21-136\/"},{"id":58077,"section_number":"58.1-3211","catch_line":"Repealed","order_by":null,"url":"\/58.1-3211\/"},{"id":60432,"section_number":"58.1-3217","catch_line":"Permanently and totally disabled defined","order_by":null,"url":"\/58.1-3217\/"},{"id":70737,"section_number":"58.1-3918","catch_line":"Interest on taxes not paid by following day","order_by":null,"url":"\/58.1-3918\/"}],"permalink":{"id":179525,"object_type":"law","relational_id":55541,"identifier":"21-118.4","token":"21\/2\/1\/21-118.4","url":"\/21-118.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/21-118.4\/","token":"21\/2\/1\/21-118.4","dublin_core":{"Title":"Certain additional powers of governing body","Type":"Text","Format":"text\/html","Identifier":"\u00a7 21-118.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Notwithstanding any other provisions of law<\/span>, when an ordinance<\/span> has been adopted creating a sanitary district in such county, the board of supervisors or other governing body hereinafter referred to as “board of supervisors” shall have the following powers and duties, in addition to such powers and duties created by any law<\/span>, subject to the conditions and limitations hereinafter prescribed:<\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> To construct, reconstruct, maintain, alter, improve, add to, and operate dams, motor vehicle parking lots, water supply, drainage, sewerage, garbage disposal, heat, light, power, gas, sidewalks, curbs, gutters, streets and street name signs, and fire-fighting systems, for the use and benefit of the public in such sanitary district and as to such motor vehicle parking lots systems to make such charges for the use of such facilities as may be prescribed by said board or body; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a1.<\/span> To acquire, construct, maintain, and operate, or to contract<\/span> for such acquisition, construction, maintenance, and operation, within such sanitary district, such community buildings, community centers, other recreational facilities, and advisory community planning councils as the board may deem expedient or advisable, and to make such charges for the use of such facilities as may be prescribed by the board; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> To acquire by gift, condemnation, purchase, lease, or otherwise, and to maintain and operate any such dams, motor vehicle parking lots, water supply, drainage, sewerage, garbage disposal, heat, light, power, gas, sidewalks, curbs, gutters, streets and street name signs, and fire-fighting systems in such district; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> To contract<\/span> with any person, firm, corporation, municipality, county, authority, or the federal government or any agency thereof to acquire, construct, reconstruct, maintain, alter, improve, add to, and operate any such dams, motor vehicle parking lots, water supply, drainage, sewerage, garbage removal and disposal, heat, light, power, gas, sidewalks, curbs, gutters, streets and street name signs, and fire-fighting systems in such district, and to accept the funds of, or to reimburse from any available source, such person, firm, corporation, municipality, county, authority, or the federal government or any agency thereof for either the whole or any part of the costs, expenses, and charges incident to the acquisition, construction, reconstruction, maintenance, alteration, improvement, addition to, and operation of any such system or systems; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> To require owners or tenants of any property in the district to connect with any such system or systems, and to contract<\/span> with the owners or tenants for such connections. In order<\/span> to require owners or tenants of any property in the district to connect with any such system or systems, the board of supervisors shall have power and authority to adopt ordinances<\/span> so requiring owners or tenants to connect with such systems, and to use the same, and the board of supervisors shall have power to provide for a punishment in the ordinance<\/span> of not exceeding a $50 fine for each failure and refusal to so connect with such systems, or to use the same. Before adopting any such ordinance<\/span> the board of supervisors shall give public notice of the intention to propose the same for passage by posting handbill notices of such proposal in three or more public places in the sanitary district at least 10 days prior to the time the ordinance<\/span> shall be proposed for passage. The ordinance<\/span> shall not become effective after its passage until 10 days’ like notice has been given by posting copies of such ordinance<\/span> in three or more public places in the district. The board of supervisors, in lieu of giving notice in such manner, may cause notice to be published in the manner provided in § 15.2-1427<\/a> for imposing or increasing any tax or levy<\/span>. Violations of such ordinances<\/span> shall be tried before the county court<\/span> of the county as is provided for trial<\/span> of misdemeanors<\/span>, and with like right of appeal<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> To fix and prescribe or change the rates of charge for the use of any such system or systems, the rate of charge for connection to any such system or systems, a late charge not to exceed 10 percent of the amount due or $10, whichever is the greater, and interest on outstanding bills at the rate provided for in § 58.1-3918<\/a>, after a public hearing<\/span> upon notice as provided in subdivision (d) and to provide for the collection of such charges. In fixing such rates the sanitary district may seek the advice of the State Corporation Commission. The Commission may charge the district a reasonable fee for any advice given pursuant to this section. The board of supervisors may provide for the exemption from, deferral of or reduction of the rates of charge for the use of any garbage disposal system or systems by persons at least 65 years of age or persons permanently and totally disabled as defined in § 58.1-3217<\/a>. Any such exemptions, deferrals or reductions may be conditioned upon only the income criteria as provided by § 58.1-3211<\/a> as in effect on December 31, 2010. And to enable the board to enforce the collection of charges for the use of any such system against the person or persons, firm or corporation using the same, the charges when made for the use of any such system shall be collectible by distress, levy<\/span>, garnishment<\/span>, attachment<\/span> or otherwise without recourse to court<\/span> procedure, except so far as the selected procedure may require the same. And the board shall have power to designate as its agent for the purpose of collection such officer or officers or person or persons as it may determine, and the officer or officers or person or persons shall be vested with the same power and authority as a sheriff or constable may have in like procedure.\n\t\t\tWater and sewer connection fees established by any county, city, town, or sanitary district shall be fair and reasonable. Such fees shall be reviewed by the county, city, town or sanitary district periodically and shall be adjusted, if necessary, to assure that they continue to be fair and reasonable. Nothing herein shall affect existing contracts<\/span> with bondholders which are in conflict with any of the foregoing provisions.\n\t\t\tIf any rates, fees or charges for the use of and for the services furnished by any system acquired or constructed by the sanitary district under the provisions of this chapter shall not be paid within 30 days after the same shall become due and payable, and the person who incurred the debt is the occupant of such premises, the board may at the expiration of such 30-day period disconnect the premises from the water and\/or sewer system, or otherwise suspend services, and the board may proceed to recover the amount of any such delinquent rates, fees or charges, with interest, in a civil action<\/span>.\n\t\t\tIf any rates, fees, or charges for the use and services of any water or sewer system acquired or constructed by the sanitary district under the provisions of this chapter shall not be paid within 30 days after the same becomes due and payable, the occupant-debtor of such premises shall cease to dispose of sewage or industrial wastes originating from or on such premises by discharge thereof directly or indirectly into the sewer system until such rates, fees, or charges with interest shall be paid. If such occupant-debtor does not cease such disposal at the expiration of such 30-day period, the political subdivision or district or other public corporation, board, or body supplying water to or selling water for use on such premises may, within five days after the receipt of notice of such delinquency, cease to supply water to or to sell water to such occupant-debtor. If such political subdivision or district or public corporation, board, or body shall not, at the expiration of such five-day period, cease supplying water to or selling water for use by such occupant-debtor, then the governing body within whose geographical boundaries such sanitary district lies may shut off the supply of water to such person.\n\t\t\tThe water supply to or for any occupant-debtor shall not be shut off or stopped under the provisions of this section, if the State Health Commissioner, upon application of the local board of health or health officer of the county, city or town wherein such water is supplied or such real estate is located, shall have found and shall certify to the authorities charged with the responsibility of ceasing to supply or sell such water, or to shut off the supply of such water, that ceasing to supply or shutting off such water supply will endanger the health of such person or the health of others in such county, city or town.\n\t\t\tAny unpaid charge shall become a lien superior to the interest of any owner, lessee or tenant, and next in succession to county taxes, on the real property on which the use of any such system was made and for which the charge was imposed. However, such lien shall not bind or affect a subsequent bona fide purchaser of such real estate for valuable consideration without actual notice of such lien, except and until from the time that the amount of such charge is entered in the Judgment Lien Docket<\/span> kept in the office where deeds may be recorded in the political subdivision wherein the real estate or a part thereof is located. It shall be the duty of the clerk in whose office deeds may be recorded to keep and preserve and hold available for public inspection such Judgment Lien Docket<\/span> and to cause entries to be made and indexed therein from time to time upon certification by the board for which he shall be entitled to a fee of five dollars per entry to be paid by the board and added to the amount of the lien.\n\t\t\tNo such lien shall be placed by the board unless the board or its billing and collection agent (i) shall have advised the owner of such real estate at the time of initiating service to a lessee or tenant of such real estate that a lien will be placed on such real estate if the lessee or tenant fails to pay any fees, rents or other charges when due for services rendered to such lessee or tenant; (ii) shall have mailed to the owner of such real estate a duplicate copy of the final bill rendered to such lessee or tenant at the time of rendering the final bill to such lessee or tenant; and (iii) shall employ the same collection efforts and practices to collect amounts due the board from a lessee or a tenant as are employed with respect to collection of such amounts due from customers who are owners of the real estate for which service is provided.\n\t\t\tSuch lien on any real estate may be discharged by the payment to the board of the total amount of such lien, and interest accrued thereon to the date of such payment, and the entry fee of two dollars, and it shall be the duty of the board to deliver a certificate thereof to the person paying the same, and upon presentation thereof and the payment of the further fee of one dollar by such person, the clerk having the record of such lien shall mark the entry of such lien satisfied.\n\t\t\tJurisdiction<\/span> to enforce any such lien shall be in equity<\/span> and the court<\/span> may decree<\/span> the real estate subject to the lien, or any part thereof, to be sold and the proceeds applied to the payment of such lien and the interest which may accrue to the date of such payment.\n\t\t\tNothing contained herein shall be construed to prejudice the right of the board to recover the amount of such lien, or of the charge, and the interest which may accrue, by action at law<\/span> or otherwise, which relief shall be cumulative and not alternative; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

f.<\/span> To employ and fix the compensation of any technical, clerical, or other force and help which from time to time, in their judgment, may be deemed necessary for the construction, operation, or maintenance of any such system or systems; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

g.<\/span> To negotiate and contract<\/span> with any person, firm, corporation, county, authority, or municipality with regard to the connection of any system or systems with any other system or systems now in operation or hereafter to be established, and with regard to any other matter necessary and proper for the construction or operation and maintenance of any such system within the sanitary district; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

h.<\/span> To contract<\/span> for the extension of any such system into territory outside of the district, and for the use thereof, upon such terms and conditions as the board may from time to time determine upon; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

i.<\/span> With respect to the maintenance and operation of said motor vehicle parking lots system, the board is authorized to purchase, install, maintain, and operate, and to fix and charge parking meter fees for the use of, such parking lot or lots; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

j.<\/span> Insofar as is permitted by Article VIII, Section 5 and Article VIII, Section 7 of the Constitution of Virginia to construct or contract<\/span> to construct within such sanitary district, at the request of the school board and subject to all provisions of law<\/span> applicable to the construction of school buildings, and additions thereto; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

k.<\/span> To borrow not earlier than January 1 of any year, or the first day of the fiscal year of the district, for the purpose of meeting casual deficits in the revenue of the district or creating a debt in anticipation of the collection of the revenue of the district, a sum of money not to exceed one-half of the amount reasonably anticipated to be produced by the revenues of the district, including taxes levied pursuant to § 21-119<\/a>, for the year in which the loan is negotiated; provided, there shall be excluded from the amount reasonably anticipated to be produced by the revenue of the district any anticipated tax revenues of the district which have not actually been levied and assessed against property within the district.\n\t\t\tNotwithstanding any provisions of law<\/span> to the contrary, any sanitary district is empowered to borrow in advance of grants<\/span> and reimbursements<\/span> due the district from the federal and state governments for the purpose of meeting appropriations for the then current fiscal year. “Grants<\/span>” and “reimbursements<\/span>” as used herein shall mean grants<\/span> which the district has been formally advised in writing it will receive, and reimbursements<\/span> on moneys which the federal or state governments are obligated to pay the district on account of expenditures made in anticipation of receiving such payment from the federal or state government. The district may borrow the full amount of the grant or reimbursement that the federal or state government is obligated to pay at the time the loan is issued. The loan shall be repaid within 60 days of the time the grant or reimbursement is received, but in any event, the loan shall be repaid within one year from the date of its issue<\/span>.\n\t\t\tSuch temporary loans shall be evidenced by notes or bonds<\/span>, negotiable or nonnegotiable as the board of supervisors may determine; shall bear interest at a rate as provided in § 2.2-5000<\/a>; and shall be repaid not later than either December 15 of the year in which they are borrowed or 15 days before the last day of the fiscal year of the district. No extension of any such loan shall be valid. No additional loan under this subsection shall be made until all temporary loans of preceding years shall have been paid. No election shall be required for the issuance of any bond<\/span> pursuant to the provisions of this subsection. Except as this subsection otherwise provides, any bonds<\/span> issued pursuant to this subsection may be issued in accordance with the provisions of §§ 21-130<\/a> through 21-136<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

l.<\/span> Notwithstanding any other provision of this chapter to the contrary, where the use of any water or sewer systems described in this section is contracted for by an occupant who is not the owner of the premises and where such occupant’s premises are separately metered for service, the owner of any such premises shall be liable only for the payment of delinquent rates or charges applicable to three delinquent billing periods but not to exceed a period of 90 days for such delinquency. No board shall refuse to service other premises of the owner not occupied by an occupant who is delinquent in the payment of such rates or charges on account of such delinquency provided that such owner has paid in full any delinquent charges for which he would be responsible for paying. No board shall refuse to service or unreasonably delay reinstatement of service to premises where such occupant who is delinquent has vacated the premises and a new party<\/span> has applied for service provided such owner has paid in full such delinquent charges as he would be responsible for paying. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN ADDITIONAL POWERS OF GOVERNING BODY (\u00a7 21-118.4)\n\nNotwithstanding any other provisions of law, when an ordinance has been adopted\ncreating a sanitary district in such county, the board of supervisors or other\ngoverning body hereinafter referred to as “board of supervisors”\nshall have the following powers and duties, in addition to such powers and\nduties created by any law, subject to the conditions and limitations hereinafter\nprescribed:\n\na. To construct, reconstruct, maintain, alter, improve, add to, and operate\ndams, motor vehicle parking lots, water supply, drainage, sewerage, garbage\ndisposal, heat, light, power, gas, sidewalks, curbs, gutters, streets and street\nname signs, and fire-fighting systems, for the use and benefit of the public in\nsuch sanitary district and as to such motor vehicle parking lots systems to make\nsuch charges for the use of such facilities as may be prescribed by said board\nor body;\n\n a1. To acquire, construct, maintain, and operate, or to contract for such\n acquisition, construction, maintenance, and operation, within such sanitary\n district, such community buildings, community centers, other recreational\n facilities, and advisory community planning councils as the board may deem\n expedient or advisable, and to make such charges for the use of such\n facilities as may be prescribed by the board;\n\nb. To acquire by gift, condemnation, purchase, lease, or otherwise, and to\nmaintain and operate any such dams, motor vehicle parking lots, water supply,\ndrainage, sewerage, garbage disposal, heat, light, power, gas, sidewalks, curbs,\ngutters, streets and street name signs, and fire-fighting systems in such\ndistrict;\n\nc. To contract with any person, firm, corporation, municipality, county,\nauthority, or the federal government or any agency thereof to acquire,\nconstruct, reconstruct, maintain, alter, improve, add to, and operate any such\ndams, motor vehicle parking lots, water supply, drainage, sewerage, garbage\nremoval and disposal, heat, light, power, gas, sidewalks, curbs, gutters,\nstreets and street name signs, and fire-fighting systems in such district, and\nto accept the funds of, or to reimburse from any available source, such person,\nfirm, corporation, municipality, county, authority, or the federal government or\nany agency thereof for either the whole or any part of the costs, expenses, and\ncharges incident to the acquisition, construction, reconstruction, maintenance,\nalteration, improvement, addition to, and operation of any such system or\nsystems;\n\nd. To require owners or tenants of any property in the district to connect with\nany such system or systems, and to contract with the owners or tenants for such\nconnections. In order to require owners or tenants of any property in the\ndistrict to connect with any such system or systems, the board of supervisors\nshall have power and authority to adopt ordinances so requiring owners or\ntenants to connect with such systems, and to use the same, and the board of\nsupervisors shall have power to provide for a punishment in the ordinance of not\nexceeding a $50 fine for each failure and refusal to so connect with such\nsystems, or to use the same. Before adopting any such ordinance the board of\nsupervisors shall give public notice of the intention to propose the same for\npassage by posting handbill notices of such proposal in three or more public\nplaces in the sanitary district at least 10 days prior to the time the ordinance\nshall be proposed for passage. The ordinance shall not become effective after\nits passage until 10 days’ like notice has been given by posting copies of\nsuch ordinance in three or more public places in the district. The board of\nsupervisors, in lieu of giving notice in such manner, may cause notice to be\npublished in the manner provided in § 15.2-1427 for imposing or increasing\nany tax or levy. Violations of such ordinances shall be tried before the county\ncourt of the county as is provided for trial of misdemeanors, and with like\nright of appeal;\n\ne. To fix and prescribe or change the rates of charge for the use of any such\nsystem or systems, the rate of charge for connection to any such system or\nsystems, a late charge not to exceed 10 percent of the amount due or $10,\nwhichever is the greater, and interest on outstanding bills at the rate provided\nfor in § 58.1-3918, after a public hearing upon notice as provided in\nsubdivision (d) and to provide for the collection of such charges. In fixing\nsuch rates the sanitary district may seek the advice of the State Corporation\nCommission. The Commission may charge the district a reasonable fee for any\nadvice given pursuant to this section. The board of supervisors may provide for\nthe exemption from, deferral of or reduction of the rates of charge for the use\nof any garbage disposal system or systems by persons at least 65 years of age or\npersons permanently and totally disabled as defined in § 58.1-3217. Any\nsuch exemptions, deferrals or reductions may be conditioned upon only the income\ncriteria as provided by § 58.1-3211 as in effect on December 31, 2010. And\nto enable the board to enforce the collection of charges for the use of any such\nsystem against the person or persons, firm or corporation using the same, the\ncharges when made for the use of any such system shall be collectible by\ndistress, levy, garnishment, attachment or otherwise without recourse to court\nprocedure, except so far as the selected procedure may require the same. And the\nboard shall have power to designate as its agent for the purpose of collection\nsuch officer or officers or person or persons as it may determine, and the\nofficer or officers or person or persons shall be vested with the same power and\nauthority as a sheriff or constable may have in like procedure.\n\t\t\tWater and sewer connection fees established by any county, city, town, or\nsanitary district shall be fair and reasonable. Such fees shall be reviewed by\nthe county, city, town or sanitary district periodically and shall be adjusted,\nif necessary, to assure that they continue to be fair and reasonable. Nothing\nherein shall affect existing contracts with bondholders which are in conflict\nwith any of the foregoing provisions.\n\t\t\tIf any rates, fees or charges for the use of and for the services furnished\nby any system acquired or constructed by the sanitary district under the\nprovisions of this chapter shall not be paid within 30 days after the same shall\nbecome due and payable, and the person who incurred the debt is the occupant of\nsuch premises, the board may at the expiration of such 30-day period disconnect\nthe premises from the water and\/or sewer system, or otherwise suspend services,\nand the board may proceed to recover the amount of any such delinquent rates,\nfees or charges, with interest, in a civil action.\n\t\t\tIf any rates, fees, or charges for the use and services of any water or sewer\nsystem acquired or constructed by the sanitary district under the provisions of\nthis chapter shall not be paid within 30 days after the same becomes due and\npayable, the occupant-debtor of such premises shall cease to dispose of sewage\nor industrial wastes originating from or on such premises by discharge thereof\ndirectly or indirectly into the sewer system until such rates, fees, or charges\nwith interest shall be paid. If such occupant-debtor does not cease such\ndisposal at the expiration of such 30-day period, the political subdivision or\ndistrict or other public corporation, board, or body supplying water to or\nselling water for use on such premises may, within five days after the receipt\nof notice of such delinquency, cease to supply water to or to sell water to such\noccupant-debtor. If such political subdivision or district or public\ncorporation, board, or body shall not, at the expiration of such five-day\nperiod, cease supplying water to or selling water for use by such\noccupant-debtor, then the governing body within whose geographical boundaries\nsuch sanitary district lies may shut off the supply of water to such person.\n\t\t\tThe water supply to or for any occupant-debtor shall not be shut off or\nstopped under the provisions of this section, if the State Health Commissioner,\nupon application of the local board of health or health officer of the county,\ncity or town wherein such water is supplied or such real estate is located,\nshall have found and shall certify to the authorities charged with the\nresponsibility of ceasing to supply or sell such water, or to shut off the\nsupply of such water, that ceasing to supply or shutting off such water supply\nwill endanger the health of such person or the health of others in such county,\ncity or town.\n\t\t\tAny unpaid charge shall become a lien superior to the interest of any owner,\nlessee or tenant, and next in succession to county taxes, on the real property\non which the use of any such system was made and for which the charge was\nimposed. However, such lien shall not bind or affect a subsequent bona fide\npurchaser of such real estate for valuable consideration without actual notice\nof such lien, except and until from the time that the amount of such charge is\nentered in the Judgment Lien Docket kept in the office where deeds may be\nrecorded in the political subdivision wherein the real estate or a part thereof\nis located. It shall be the duty of the clerk in whose office deeds may be\nrecorded to keep and preserve and hold available for public inspection such\nJudgment Lien Docket and to cause entries to be made and indexed therein from\ntime to time upon certification by the board for which he shall be entitled to a\nfee of five dollars per entry to be paid by the board and added to the amount of\nthe lien.\n\t\t\tNo such lien shall be placed by the board unless the board or its billing and\ncollection agent (i) shall have advised the owner of such real estate at the\ntime of initiating service to a lessee or tenant of such real estate that a lien\nwill be placed on such real estate if the lessee or tenant fails to pay any\nfees, rents or other charges when due for services rendered to such lessee or\ntenant; (ii) shall have mailed to the owner of such real estate a duplicate copy\nof the final bill rendered to such lessee or tenant at the time of rendering the\nfinal bill to such lessee or tenant; and (iii) shall employ the same collection\nefforts and practices to collect amounts due the board from a lessee or a tenant\nas are employed with respect to collection of such amounts due from customers\nwho are owners of the real estate for which service is provided.\n\t\t\tSuch lien on any real estate may be discharged by the payment to the board of\nthe total amount of such lien, and interest accrued thereon to the date of such\npayment, and the entry fee of two dollars, and it shall be the duty of the board\nto deliver a certificate thereof to the person paying the same, and upon\npresentation thereof and the payment of the further fee of one dollar by such\nperson, the clerk having the record of such lien shall mark the entry of such\nlien satisfied.\n\t\t\tJurisdiction to enforce any such lien shall be in equity and the court may\ndecree the real estate subject to the lien, or any part thereof, to be sold and\nthe proceeds applied to the payment of such lien and the interest which may\naccrue to the date of such payment.\n\t\t\tNothing contained herein shall be construed to prejudice the right of the\nboard to recover the amount of such lien, or of the charge, and the interest\nwhich may accrue, by action at law or otherwise, which relief shall be\ncumulative and not alternative;\n\nf. To employ and fix the compensation of any technical, clerical, or other force\nand help which from time to time, in their judgment, may be deemed necessary for\nthe construction, operation, or maintenance of any such system or systems;\n\ng. To negotiate and contract with any person, firm, corporation, county,\nauthority, or municipality with regard to the connection of any system or\nsystems with any other system or systems now in operation or hereafter to be\nestablished, and with regard to any other matter necessary and proper for the\nconstruction or operation and maintenance of any such system within the sanitary\ndistrict;\n\nh. To contract for the extension of any such system into territory outside of\nthe district, and for the use thereof, upon such terms and conditions as the\nboard may from time to time determine upon;\n\ni. With respect to the maintenance and operation of said motor vehicle parking\nlots system, the board is authorized to purchase, install, maintain, and\noperate, and to fix and charge parking meter fees for the use of, such parking\nlot or lots;\n\nj. Insofar as is permitted by Article VIII, Section 5 and Article VIII, Section\n7 of the Constitution of Virginia to construct or contract to construct within\nsuch sanitary district, at the request of the school board and subject to all\nprovisions of law applicable to the construction of school buildings, and\nadditions thereto;\n\nk. To borrow not earlier than January 1 of any year, or the first day of the\nfiscal year of the district, for the purpose of meeting casual deficits in the\nrevenue of the district or creating a debt in anticipation of the collection of\nthe revenue of the district, a sum of money not to exceed one-half of the amount\nreasonably anticipated to be produced by the revenues of the district, including\ntaxes levied pursuant to § 21-119, for the year in which the loan is\nnegotiated; provided, there shall be excluded from the amount reasonably\nanticipated to be produced by the revenue of the district any anticipated tax\nrevenues of the district which have not actually been levied and assessed\nagainst property within the district.\n\t\t\tNotwithstanding any provisions of law to the contrary, any sanitary district\nis empowered to borrow in advance of grants and reimbursements due the district\nfrom the federal and state governments for the purpose of meeting appropriations\nfor the then current fiscal year. “Grants” and\n“reimbursements” as used herein shall mean grants which the district\nhas been formally advised in writing it will receive, and reimbursements on\nmoneys which the federal or state governments are obligated to pay the district\non account of expenditures made in anticipation of receiving such payment from\nthe federal or state government. The district may borrow the full amount of the\ngrant or reimbursement that the federal or state government is obligated to pay\nat the time the loan is issued. The loan shall be repaid within 60 days of the\ntime the grant or reimbursement is received, but in any event, the loan shall be\nrepaid within one year from the date of its issue.\n\t\t\tSuch temporary loans shall be evidenced by notes or bonds, negotiable or\nnonnegotiable as the board of supervisors may determine; shall bear interest at\na rate as provided in § 2.2-5000; and shall be repaid not later than either\nDecember 15 of the year in which they are borrowed or 15 days before the last\nday of the fiscal year of the district. No extension of any such loan shall be\nvalid. No additional loan under this subsection shall be made until all\ntemporary loans of preceding years shall have been paid. No election shall be\nrequired for the issuance of any bond pursuant to the provisions of this\nsubsection. Except as this subsection otherwise provides, any bonds issued\npursuant to this subsection may be issued in accordance with the provisions of\n§§ 21-130 through 21-136;\n\nl. Notwithstanding any other provision of this chapter to the contrary, where\nthe use of any water or sewer systems described in this section is contracted\nfor by an occupant who is not the owner of the premises and where such\noccupant’s premises are separately metered for service, the owner of any\nsuch premises shall be liable only for the payment of delinquent rates or\ncharges applicable to three delinquent billing periods but not to exceed a\nperiod of 90 days for such delinquency. No board shall refuse to service other\npremises of the owner not occupied by an occupant who is delinquent in the\npayment of such rates or charges on account of such delinquency provided that\nsuch owner has paid in full any delinquent charges for which he would be\nresponsible for paying. No board shall refuse to service or unreasonably delay\nreinstatement of service to premises where such occupant who is delinquent has\nvacated the premises and a new party has applied for service provided such owner\nhas paid in full such delinquent charges as he would be responsible for paying.\n\nHISTORY: 1962, c. 571; 1964, c. 517; 1970, c. 674; 1975, cc. 251, 490; 1976, c.\n684; 1977, c. 516; 1981, cc. 554, 563, 564; 1982, c. 447; 1983, c. 422; 1994, c.\n432; 1997, c. 12; 2000, c. 230; 2011, cc. 438, 496; 2012, c. 485; 2017, c. 14.","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}}