Chapter 29:15
URBAN COUNCILS ACT
218 Owners of land may be charged for services made available
Where—
(a) any stand, lot, premises or other area, whether with or without improvements, within the
council area is or could reasonably be connected to any sewer, water main or electricity
main of the council; or
(b) a service for the removal of refuse, whether trade, domestic or otherwise, has been made
available by the council to any stand, lot, premises or other area, whether with or without
improvements, within the council area;
the owner of that stand, lot, premises or other area—
(i) shall be deemed to be the user of the service in question, whether or not he makes use
thereof; and
(ii) may be charged by the council such amount as the council may fix in respect of the
service:
Provided that the amount so fixed by the council shall not exceed the minimum rate
payable to the council by actual users of the service concerned for the time being.
219 Charges by resolution
(1) A council may, by resolution passed by a majority of the total membership of the
council—
(a) fix tariffs or charges for—
(i) the supply of electricity or water or of refuse removal services; or
(ii) the conveyance of sewage or trade effluent in public sewers and its treatment at a
sewage treatment works; or
(iii) any other services which a council may provide in terms of this Act;
(b) fix charges to be payable in respect of certificates, licences or permits issued, inspections
carried out, services rendered or any act, matter or thing done by the council in terms of
this Act;
(c) fix deposits to be paid in connection with any services provided by the council in terms of
this Act:
Provided that in any local government area administered by a council or in such part of a
council area as may be prescribed or as may be notified to the council by the Minister—
(a) notwithstanding anything to the contrary contained in this Act, no rents, charges, fees or
deposits or any kind, other than charges, fees or deposits in connection with the supply of
electricity, shall be raised or levied by a council in respect of any residential
accommodation or services provided specifically to or in connection with any residential
accommodation otherwise than by by-laws made or in force in terms of this Act;
(b) a council may, subject to the approval of the Minister, fix in any lease or agreement
entered into by it the rents, charges, fees or deposits which shall be payable by the lessee
in respect of the occupation of any premises.
(2) Before any tariffs, charges or deposits fixed in terms of subsection (1) come into
operation a statement setting out the proposed tariffs, charges or deposits and any existing
tariffs, charges or deposits for the same matters shall—
(a) be advertised in two issues of a newspaper; and
(b) be posted at the office of the council for a period of not less than thirty days from the date
of the first advertisement in the newspaper.
(3) If a statement has been advertised in terms of paragraph (a) of subsection (2) and within
the period of thirty days referred to in that paragraph objections to the proposed tariffs, charges
or deposits are lodged—
(a) by thirty or more persons who are voters or who are users of the service to which the
tariff, charge or deposit relates; or
(b) where there are less than thirty such users of the service concerned, by not less than fifty
per centum of the number of such users;
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