A. Rendition Of Bills: The city shall bill persons, firms or corporations subject to this chapter for utility service charges monthly under a cycle billing schedule established by the city clerk. Such bills shall include charges for water service, sewer service and garbage collection and shall be payable upon receipt. All such bills shall be payable at the office of the city clerk in the city hall of Artesia.
B. Charges A Lien: Utility charges shall, until paid, constitute a lien on the property connected with said utilities, and in the event of nonpayment, certificates of lien shall be filed and foreclosed in the manner provided by law. (1996 Code § 13.24.020)
C. Delinquent Payments; Discontinuance Of Service; Fees: In the event a billing for water, sewer and garbage service is not paid within fourteen (14) days after the date billed, it shall be delinquent. In the event any billing for water, sewer and garbage services has not been paid within thirty (30) days after the due date, utility service to the user shall be discontinued. A fifteen dollar ($15.00) late fee, in addition to the past due bill shall be paid prior to restoration of utility service. If restoration of utility service occurs after normal business hours (8:00 A.M. to 5:00 P.M., Monday through Friday), an additional ten dollar ($10.00) fee shall be paid. In order to avoid the utility service being discontinued, the past due utility billing must be received at the office of the city clerk in the city hall of Artesia by five o'clock (5:00) P.M. on the last normal workday immediately preceding the date set for disconnection of the utility service. (Ord. 606, 5-11-1999)
D. Assessment Of Charges; Protests:
1. Whenever any person shall fail or refuse to pay the charges for utility services established in this chapter, the city council may make an assessment against the property where the services were furnished in the amount of the delinquency. The city clerk shall prepare an assessment roll on or before June 30 of each year showing the name of the owner of the property, a description of the property, the amount and period of the unpaid charge for the fiscal year in which the delinquency occurred, and in such case, after the assessment roll is prepared and filed with and by the city clerk, the city clerk shall give ten (10) days' notice by one publication in a newspaper of general circulation in the city, which notice shall state the property against which the assessment has been made and shall state a time at which the city council will meet to hear the appeals or protests of parties aggrieved by such assessment. (1996 Code § 13.24.020; amd. 2002 Code)
2. At the time fixed for such protest meeting, the city council shall meet and hear and determine upon all appeals, protests and objections which may be made by any interested party, and the city council shall correct any error which may have been found in the assessments and, if the proceedings are found to be regular, shall thereupon, by resolution, declare the confirmation of such proceedings, and the proceedings and assessments so confirmed shall thereafter be deemed the final determination of the regularity, validity and correctness of the assessments.
3. On or before October 1 of each year, the city clerk shall certify to the city council a statement of all delinquent assessments describing the land affected, after which the assessment shall be a lien upon each lot or parcel of land described in such confirmed assessment roll. It shall be the duty of the city clerk to make out, sign, attest and file for record in the office of the county clerk a claim of lien therefor, which lien shall bear interest and be subject to foreclosure and collection of reasonable attorney fees as allowed by law.
E. Contract For Collection: If an account becomes three (3) months delinquent, and after diligent means to collect the balance owed, the city clerk may enter into a contract with a collection agency for collection of amounts due.
F. Payments Returned For Insufficient Funds: Payments that are returned for insufficient funds are assessed an additional penalty of twenty dollars ($20.00) and subjects the utility service to disconnection. (1996 Code § 13.24.020)