                                 CODE OF VIRGINIA

FEES AND CHARGES FOR WATER AND SEWER SERVICES PROVIDED TO A PROPERTY OWNER (§
15.2-2119)

A. 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 &#xA7; 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&#8217;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. 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.

C. 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.

D. 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.

E. 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.
			A 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. 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.

G. 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&#8217;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. 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&#8217;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:
			Prepared By and When:
			Recorded Return to:
			Tax Parcel/GPIN Number:
			CERTIFICATE OF RELEASE OF WATER AND SEWER SERVICE LIEN
			Pursuant to Va. Code Annotated &#xA7; 15.2-2119 (H), this release is exempt
from recordation fees.
			Date Lien Recorded:  Instrument Deed Book No.:
			Grantee for Index Purposes:
			Claim Asserted: Delinquent water and sewer service charges in the amount of
$.
			Description of Property: [Insert name of property owner and tax map
parcel/GPIN Number]
			The above-mentioned lien is hereby released.
			BY:
			TITLE:
			COMMONWEALTH OF VIRGINIA
			CITY/COUNTY OF , to-wit:
			Acknowledged, 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].
			Notary Public
			My commission expires:
			Notary Registration Number:

HISTORY: Code 1950, § 15-739.2; 1950, p. 1611; 1962, c. 623, § 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.