SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON COLLECTION OF CHARGES IMPOSED ON CAUSERS FOR RELOCATION AND INSTALLATION OF WATERWORKS
- Enactment No. 3079, Mar. 15, 1994
- Partial Amendment No. 3633, Jun. 30, 1999
- Partial Amendment No. 3846, Mar. 15, 2001
- Partial Amendment No. 4467, Jan. 02, 2007
- Partial Amendment No. 4902, Jan. 07, 2010
- Partial Amendment No. 5009, Jul. 15, 2010
- Amendment of Other Laws No. 5140, Jul. 28, 2011
- Partial Amendment No. 5405, Dec. 31, 2012
- Partial Amendment No. 5857, Apr. 02, 2015
- Amendment of Other Laws No. 6016, Oct. 08, 2015
- Partial Amendment No. 6414, Jan. 05, 2017
- Amendment of Other Laws No. 7046, Mar. 28, 2019
- Amendment of Other Laws No. 7423, Dec. 31, 2019
- Amendment of Other Laws No. 7782, Dec. 31, 2020
- Partial Amendment No. 7973, Mar. 25, 2021
- Partial Amendment No. 8194, Sep. 30, 2021
- Amendment of Other Laws No. 8235, Dec. 30, 2021
Partial Amendment No. 8194, Sep. 30, 2021 | Amendment of Other Laws No. 8235, Dec. 30, 2021 |
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Article 1 (Purpose)
The purpose of this Ordinance is to provide for matters necessary for calculating, imposing and collecting charges imposed on causers for waterworks of the Seoul Metropolitan Government and for protecting waterworks pursuant to Article 71 of the Water Supply and Waterworks Installation Act and Article 65 of the Enforcement Decree of the same Act. <Amended on Jan. 7, 2010; Jan. 5, 2017>
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Article 2 (Definitions)
The terms used in this Ordinance are defined as follows: <Amended on Jan. 7, 2010; Jul. 15, 2010>
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Article 3 (Subjects and Extent of Charges)
(1) Charges prescribed in subparagraph 1 (a) of Article 2 shall be classified as follows: <Amended on Jan. 5, 2017>
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Article 4 (Standards for Calculating Charges)
(1) Charges for sections covering total floor areas applied to each type of business under Article 3 (1) shall be as specified in the attached Table. <Newly Inserted on Jul. 15, 2010; Dec. 31, 2012; Mar. 25, 2021>
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Article 5 (Obligations of Persons Who Have Caused Damage)
(1) Each person who has caused damage to waterworks in connection with his or her business or act shall report to the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") without fail, and shall neither conceal it nor repair it himself or herself. <Amended on Jan. 7, 2010>
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Article 6 (Obligations of Supervisor of Waterworks)
(1) Where the Mayor becomes aware of any damage incurred to waterworks, he or she shall immediately dispatch human resources and equipment, etc. to the scene to take necessary measures, regardless of whether to bear expenses or not.
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Article 7 (Collection of Charges)
(1) Each person who has given rise to the need for waterworks shall request the Mayor to install waterworks with documents stating matters necessary for the waterworks, before the installation of such waterworks.
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Article 8 (Method of Collection of Charges)
Where the Mayor collects charges, he or she shall collect all expenses necessary for the collection in lump sum: Provided, That he or she may separately recover expenses prescribed by rule of the Seoul Government and specify matters separately imposable for when he or she collects expenses in installments. <Amended on Jan. 7, 2010>
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Article 9 (Compensation for Damage to Other Utilities)
(1) Where damage to other utilities, such as city gas, or property damage has been caused due to damage incurred to waterworks, the person who has caused such damage shall bear the expenses for reinstatement of such utilities or pay for the damage incurred: Provided, That operating losses incurred in the failure of water supply due to the suspension of water supply and compensation for damage to users of tap water caused by a failure to obtain tap water due to the suspension of water supply shall not be included herein. <Amended on Jan. 7, 2010>
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Article 10 (Collection of Charges Following Reinstatement When Defects in Waterworks Are Found)
(1) Where waterworks are damaged due to a defect during the maintenance period of waterworks, the constructor of the waterworks shall repair the defect in accordance with the Framework Act on the Construction Industry and the Act on Contracts to Which a Local Government Is a Party. In such cases, the constructor shall pay the charges referred to in Article 3 (2) except the expenses incurred in reinstatement. <Amended on Jan. 7, 2010; Jul. 15, 2010; Oct. 8, 2015>
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Article 11 (Filing Objections)
(1) A person who has an objection to the imposition or collection of charges under this Ordinance may file a written objection with the Mayor within 90 days from the date he or she receives a notice of such disposition. <Amended on Jan. 2, 2007; Jan. 7, 2010>
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Article 12 (Adjustment of Charges)
(1) Where a difference occurs between the charges paid and the expenses prescribed and used under this Ordinance, the Mayor may refund it or collect it additionally. <Amended on Jan. 7, 2010>
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Article 13 (Dealing with Overpayment or Erroneous Payment)
(1) Where charges have been paid excessively or erroneously by mistake, etc., the Mayor shall refund or collect additionally the overpaid or erroneously paid amount to or from the person who bears the expenses.
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Article 14 (Constructor of Waterworks)
(1) The Mayor shall design and construct waterworks: Provided, That in cases of works for which a causer shall pay the relevant costs, the causer may perform such works based on mutual consultation where necessary due to the circumstances of the relevant site, but no person who has caused damage shall perform works to be paid by him or her except for emergency measures prescribed by rule of the Seoul Government. <Amended on Jan. 7, 2010>
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Article 15 (Installation of Other Facilities)
(1) No one shall install other facilities that could hinder the maintenance of the waterworks, adjacent to waterworks: Provided, That where the safety and maintenance of facilities is not hindered, buildings or structures for maintaining the waterworks, such as reservoir and sports facilities, etc. (excluding buildings) for the public interest or convenience of citizens may be installed with the approval of the facilities management offices. <Amended on Apr. 2, 2015>
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Article 16 Deleted. lt;Jan. 5, 2017gt; |
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Article 17 (Delegation of Authority)
(1) The Mayor shall delegate his or her authority prescribed by this Ordinance to the Director General of Water Supply and Waterworks Headquarters of the Seoul Metropolitan Government (hereinafter referred to as the "Director General").
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Article 18 (Application Mutatis Mutandis)
In collecting charges under this Ordinance, matters other than those prescribed by this Ordinance shall be implemented in the same manner as local taxes are collected. <Amended on Jan. 7, 2010>
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Article 19 (Enforcement Rule)
Matters delegated by this Ordinance and matters necessary for the implementation thereof shall be prescribed by rule of the Seoul Government.
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Standards for Calculating Charges to be Imposed on Causers (related to Article 4 (1)) |
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