§ 52.09  RATES; DUE DATES OF PAYMENTS; DELINQUENT ACCOUNTS; POWER.
   (A)   The rates and charges shall be prepared and billed by the town monthly, as the town may deem appropriate and as determined by the by-laws and regulations of the town, and shall be collected in the manner provided by law and ordinance. Said rates and charges will be billed to the tenant or tenants occupying the property served unless otherwise requested in writing by the owners, but such billing shall in no wise relieve the owner from liability in the event payment is not made as herein required. The owners of the properties served, which are occupied by tenants, shall have the right to examine the collection records of the town for the purpose of determining whether such rates and charges have been paid by such tenants; provided that, such examination shall be made in the office in which said records are kept and during the hours that such office is open for business.
   (B)   The rates and charges as heretofore adopted shall become effective no later than 4-1-1969, in order that the first billing for sewage service shall be rendered no later than 5-5-1969 and, thereafter, all such billings shall be made no later than the fifth day of each month.
   (C)   All of such bills so rendered shall be due and payable on or before the fifteenth day following such billing and if not paid on or before the fifteenth day following such billing shall be delinquent. If the fifteenth day falls on a Sunday, Wednesday or on a legal holiday, then the bill shall be delinquent on the next following day that the utility office is open for business.
   (D)   On the date that a bill or any part thereof becomes delinquent as set forth in division (C) above, a penalty shall be added to the bill in the amount of 10% of the unpaid and delinquent bill charges or rates and, if the delinquent bill charges or rates and the penalty are not paid by the eighteenth day following such billing, the Utility Clerk shall give written notice on the eighteenth day following such billing to such customer that if the delinquent bill charges or rates and the 10% penalty are not paid by the twenty-fifth day following such billing, the Town Council may institute legal action against the customer to collect the same. The amount of the fee (bill), the penalty and a reasonable attorney’s fee may be recovered by the Town Council in a civil action in the name of the municipality. In addition, the town may file a lien against the property assessed pursuant to I.C. 36-9-23-32, 36-9-23-33 and 36-9-23-34.
   (E)   The rates and charges for sanitary sewer service shall become effective on the date that sanitary sewers of the sewer system are made available for connection to any lot, parcel of real estate or structures in accordance with the provisions of this title.
   (F)   The town shall make and enforce such bylaws and regulations as may be deemed necessary for the safe, economic and efficient management of the town’s sewer system and for the construction and use of house sewers and connections to the sewer system, and for the regulation, collection, rebating and refunding of rates and charges.
(Prior Code, § 8:3:09)  (Ord. S-2, passed 5-1-1969; Ord. S-4, passed 5-1-1969; Ord. 1982-2, passed 1-20-1982; Ord. 88-3, passed 7-20-1988; Ord. 88-6, passed 8-17-1988)