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4022
LAWS OF MARYLAND
Ch. 767
either the owner or occupant, the commission determines such
condition to be a menace to health as aforesaid.]
(B) (1) AFTER THE CONSTRUCTION OR ACQUISITION OF A
WATER MAIN OR SEWER, THE WSSC MAY ORDER A PROPERTY OWNER OR
OCCUPANT WHO REFUSES TO CONNECT TO A WATER MAIN OR SEWER OR
BOTH TO HOOK UP TO EITHER THE WATER MAIN OR SEWER OR BOTH
IF:
(I) A CONDITION EXISTS WHICH APPEARS TO BE
A MENACE TO THE HEALTH OF THE OCCUPANTS OF THE PROPERTY OR
THE OCCUPANTS OF NEARBY OR ADJOINING PROPERTY;
(II) THE PROPERTY ON WHICH THE CONDITION
EXISTS ABUTS THE WATER MAIN OR SEWER;
(III) THE WSSC GIVES THE OWNER OR
OCCUPANT 10 DAYS' NOTICE AND AN OPPORTUNITY TO BE HEARD; AND
(IV) THE WSSC DETERMINES THE CONDITION TO
BE A MENACE TO THE HEALTH OF THE OCCUPANTS OF THE PROPERTY
OR THE OCCUPANTS OF NEARBY OR ADJOINING PROPERTY.
(2) [In the event the] IF THE [commission] WSSC
[so] determines THAT A CONDITION EXISTS AS PROVIDED IN
PARAGRAPH (2) OF THIS SUBSECTION, [it] THE WSSC shall pass
an order [requiring] WHICH REQUIRES THAT the [connection or
connections] PROPERTY HOOKUP BE MADE in not less than
[thirty] 30 [nor] OR more than [ninety] 90 days OF THE
ISSUANCE OF THE ORDER[, and a].
(C) (1) [refusal] A PERSON MAY NOT REFUSE to comply
with the order or [a violation of] VIOLATE any of the other
provisions of this section], is hereby declared to be a
misdemeanor punishable under section 18-7 of this article].
[Either side may have a right of appeal to the circuit
court as appeals are now allowed by law from justices of the
peace, where the prosecution is before a justice of the
peace.]
(2) AS PROVIDED IN THE ADMINISTRATIVE PROCEDURE
ACT, THE OWNER OR OCCUPANT OF THE PROPERTY MAY APPEAL THE
DECISION OF THE WSSC TO PASS AN ORDER WHICH REQUIRES THE
CONNECTION TO BE MADE.
COMMITTEE NOTE: The WSSC has been under the
Administrative Procedure Act for 4 years; the APA
has superseded the provisions of the last
sentence of former Article 67, § 3-4, which
provided certain appeal rights.
[3-5.] 3-105. Connections.
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