Municipality requires utility service fee without use or agreement

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Brent_Bachwurds

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My jurisdiction is: Arizona

This is a situation where the Town just constructed a sewer plant and went into utility service business. To start off this is not an improvement district, or special district.
In order to expend the funds it had to go to the voters for approval. The election was for the capital expenditure debt and the sale of bonds. The sewer mains were extended into one area of Town with the intent to keep expanding. The entire Town uses septic systems with leach fields and there have been no problems. The Town wanted to get into the lucrative utility business, and can generate valuable water credits which can be sold. The Town Ordiance requires hooking into the sewer main if you are within 400 feet of it. That also means abandoning your functioning septic system.
I have a vacant home that does not have any utilities turned on, and hasn't for a number of years now. I had it for my grandmother, and when she died I left it empty because I am not a landlord.
The connection fee is mandatory by state statute, and if unoaid can become a lien against the property. It was paid in full when the bill came. Along with it was the first monthly service fee of almost $50. I contacted the Town in writing to dispute the bill and request that service be discontinued, according to what is spelled out in thier Ordinance. They ignored the request, and I repeated the same thing for several months in a row as the bills came. The house is empty, there is no water to it, there is no user agreement, no request for service, and there has never been any discharge.
The Town Engineer tells me that the Ordinance says the hookup is mandatory so you are required to pay the monthly fee.
As I stated, this is not an improvement district or special district, and after talking with the Engineer he does not know there is a distinction. He says the debt service of the loan has to be paid and I am required to pay each month whether I use it or not. This is his first engagement, buts he thinks enough of himself to insist on being adamantly wrong.
I am not alone, and there are a lot of complaints but no one has organized. This is also a low income area, many are renters and they are feeling pretty helpless. Of the 1100 connections there are currently 230 delinquent accounts. The $50 bill is a lot when things were working fine before without it. My question (if you are still with me) is how am I supposed to put a stop to this nonsense. The Town knows our our judicial system is not set up for this so staff either shrugs or sneers. Everything has remained in house, no third party collections.
Brent
 
This is not an easy issue. You'll likely need to deal with this locally. It could be complicated because local townships may also have politics into play and you'd have to make changes to the ordinance, as enacted, in order to be exempt from the billing. Who is in charge of the town? Is there a mayor? The "Town" consists of people you need to contact in order to first raise their attention towards this issue.
 
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