§ 20-2-108. RIGHT OF OWNER TO SELECT PERSON TO MAKE CONNECTION.

Any owner in default for failing to comply with the notice from the Director of Public Works to connect water lines, sewers, and drains, as hereinabove provided, shall have the right to select the person to make the connections and do the other work required to be done by the Director and make the agreement with such person as to the cost of such work, and the Director shall employ such person to do such work for the price so agreed on between such person and such owner, provided that the following conditions are complied with:

(1)

The owners shall notify the Director in writing, within fifteen (15) days after the receipt of the notice provided for in this title of such owner's intention to select someone to do the work required by such notice and make a contract with such person as to the cost of such work, and, within thirty (30) days after receiving the notice from the Director, such owner shall deliver to them a written agreement between himself and the person selected by him to do the work required by such notice, which agreement shall state that the person so selected by the owner shall do all the work required by this title, to be done and in conformity with the requirements of this title, and also an agreement signed by such owner agreeing that upon such work being done by the person so selected by such owner and the expense so agreed upon being paid by the Director that such owner will repay the amount of such expense, in five (5) equal annual installments, with interest on each installment from the time such work is done until paid, and that such installments respectively and interest thereon shall be a lien on the property of such owner and shall be added to the tax bills on such property for such years and collected in the same manner as the taxes on the property.

(2)

The agreement between the owner and the person to do such work shall not include any work beyond the work necessarily required to be done by the notice, and the Director shall be satisfied with the price agreed upon by such owner and the person so selected by him, if it is reasonable, and that there is no collusion between the owner and such person to make an excessive charge.

(1988 Code, § 35-184) (Bill No. 126, § 2, 9-28-1990; Bill No. 30-03, § 1, 7-1-2004)