HOUSE BILL No. 4494

 

April 9, 2013, Introduced by Reps. Graves, Price, Jenkins and Victory and referred to the Committee on Local Government.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding section 12755.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 12755. (1) Subject to section 12756, if a governmental

 

entity charges a tap-in fee for connection of a structure to an

 

available public sanitary sewer system, the governmental entity

 

shall charge the tap-in fee to the owner of the property on which

 

the structure lies not later than 2 years after the date of 1 of

 

the following, whichever occurs last:

 

     (a) The publication date of a notice by the governmental

 

entity that operates the public sanitary sewer system of

 

availability of the public sanitary sewer system in a newspaper of

 

general circulation in the governmental entity in which the

 


structure is located.

 

     (b) The approval date of a building permit for a structure in

 

which sanitary sewage originates.

 

     (c) The approval date of a building permit for the

 

modification of a structure so as to become a structure in which

 

sanitary sewage originates.

 

     (2) If a governmental entity fails to comply with subsection

 

(1), the governmental entity is prohibited from charging the owner

 

of the property for a tap-in fee.

 

     (3) As used in this section, "governmental entity" includes,

 

but is not limited to, a city, village, township, or authority.