A. Rendition Of Bills; Due Date: The city clerk shall prepare and render billings for water service and all other charges in connection therewith and shall collect said charges. Billing shall be mailed to each consumer as soon as practicable after the water meter is read and shall be payable monthly. Each charge provided in section 8-1-7 of this chapter shall be due and payable by the consumer within fifteen (15) days after the date of the billing by the city to the consumer.
B. Delinquent Payments: If the consumer shall fail to pay such bill, including the sewer charge, within fifteen (15) days after the date of the billing, ten percent (10%) of the amount thereof shall be added and collected with the amount billed, and the city clerk is authorized and empowered to initiate any one or more of the actions provided in subsections D and E of this section. (2006 Code § 7-1-7; amd. Ord. 2007-5, 10-1-2007, eff. 11-1-2007)
C. Liability For Rates And Charges: The owner of the premises, the occupant thereof, and the user of the service shall be jointly and severally liable to pay for the service to such premises, and the service is furnished to the premises by the city only upon that condition. Water service to rental properties will not be restored if any prior delinquent charges for service exist. (2006 Code § 7-1-7)
D. Lien Provisions: Any delinquent charge for the use and service of the water system, and any delinquent surcharge for such use and service that may be established by the city from time to time, together with penalty, shall constitute a lien upon the real estate for which the water service is supplied, and the city clerk is hereby authorized to file a sworn statement, showing such delinquency, in the office of the Knox County recorder, and the filing of such statement shall be deemed notice of the lien of such charge or surcharge and penalty. In addition to the establishment of a lien herein, the city may, in its discretion, commence court proceedings against the consumer or the owner of the premises to collect any delinquent charge or surcharge and penalty. However, as to each matter in which judgment is obtained, such judgment shall operate as a release or waiver of the lien upon the real estate for the amount of the judgment; provided, that the charge or surcharge, together with the penalty as provided in this chapter, plus reasonable attorney fees to be fixed by the court, and court costs shall be included as part of the judgment.
E. Discontinuance Of Service:
1. Disconnection: If the charges or surcharges, or any part thereof, for the use and service of the water system remain delinquent, the city may discontinue all water service to the premises pursuant to subsection E3 of this section. (2006 Code § 7-1-8)
2. Reinstatement: In order to reinstate water service after the same has been turned off pursuant to subsection E1 of this section, a delinquent water consumer shall be required to pay in full all outstanding water charges, surcharges, penalty, and (if judgment has been obtained in court) applicable attorney fees, statutory interest and costs, plus a reinstatement fee of one hundred dollars ($100.00). (2006 Code § 7-1-8; amd. 2016 Code)
3. Hearing Procedure: In the event that any charge or surcharge, or any part thereof, for the use and service of the water system of the city remains unpaid for fifteen (15) days after rendition of the billing for same, and said charge or surcharge remains delinquent, the following shall apply: (2006 Code § 7-1-9; amd. Ord. 2007-5, 10-1-2007, eff. 11-1-2007)
a. The city clerk shall send written notification to the person or persons responsible for payment the date that water service to the premises will be discontinued. If the account is not paid by the date set for the discontinuance of water service, the city shall discontinue such service.
b. Any person responsible for payment may request a hearing at which such person may appear before the city council and set forth any reason for the failure of payment. The request must be received by the city clerk not less than five (5) days prior to the date set for the discontinuance of the water service. Upon receipt of the request, the city clerk shall notify the mayor, who shall set the hearing, to be held within twenty one (21) days, and the city clerk shall give notice of the hearing to the person who made the request. (2006 Code § 7-1-9)
c. At such hearing, the city council may take such action as necessary under this subsection and subsection D of this section and in the public interest, and shall notify the person or persons responsible for the payment when such water service will be discontinued, or what other action shall be taken by the city. (2006 Code § 7-1-9; amd. 2016 Code)
d. If more than one person is responsible for payment, any notice provisions herein shall be deemed satisfied so long as any one of such responsible persons receives actual notice.
e. The city clerk shall also report to the city council the name and address of each person responsible for payment which remains delinquent. (2006 Code § 7-1-9)