(A) Payment for all municipal utility (as that term is defined in § 50.01) service and charges shall be the primary responsibility of the fee owner of the premises served and shall be billed to the owner unless otherwise contracted for and authorized in writing by the fee owner and any other person (such as a tenant, contract purchaser, manager and the like), as agent for the fee owner, and consented to by this city. If the utility service and charges are for a single-metered, multi-unit rental residential building, the owner of the building shall be the customer of record and this responsibility shall not be waived by contract or otherwise. The city may collect the same in a civil action or, in the alternative and at the option of the city, as otherwise provided in this subchapter.
(B) Except as to the furnishing of retail natural, manufactured or mixed gas or electric service to or for the public, and to the extent otherwise authorized by state law, each account is hereby made a lien upon the premises served. All accounts which are more than 45 days delinquent may, when authorized by resolution of the Council, be certified by the City Administrator/Clerk-Treasurer to the County Auditor, and the City Administrator/Clerk-Treasurer in so certifying shall specify the amount thereof, the description of the premises served and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against the premises in the same manner as other taxes, collected by the County Treasurer and paid to the city along with other taxes.
(C) As to the furnishing of retail natural, manufactured or mixed gas or electric service to or for the public, and to the extent otherwise authorized by state law, the city shall not:
(1) Recover or attempt to recover payment for a tenant’s outstanding bill or charge from a landlord, property owner or manager, manufactured home park owner or manufactured home dealer who has not contracted for the service;
(2) Condition service on payment of an outstanding bill or other charge for utility service due upon the outstanding account of a previous customer or customers when all of the previous customers have vacated the property; or
(3) Place a lien on the landlord’s or owner’s property for a tenant’s outstanding bill or charge.
(1989 Code, § 3.04, Subd. 7) (Ord. 27, 2nd Ser., eff. 5-7-1999)