A. Any charges for use of municipal water, wastewater collection and treatment, street lighting services and solid waste collection and transportation shall be the legal responsibility of the property owner of record. From the effective date of this section, each municipal utility account shall be the responsibility of the owner of the property served by the city. Each property owner shall execute such documentation as may be required by the city as a condition of receiving continuing utility service. The city may allow the party responsible for payment of such utility charges on the date of enactment of this section to remain responsible therefor until an unremedied delinquency occurs or until a new primary payer is proposed. For utility accounts which have been paid by a tenant, the owner of said property may continue to have the tenant continue to pay so long as the owner agrees to serve as guarantor of such accounts in the event of nonpayment by the authorized tenant. If a tenant becomes delinquent in payment of a utility account such that service is discontinued by the city, no subsequent tenant shall be authorized to initiate service at such location or address until all delinquent charges and assessments have been paid in full. Further, in the city's sole discretion the city may require an increased deposit or security guarantee upon evidence of any delinquency or failure of past performance.
B. The finance director may waive, in writing, the requirement that the underlying property owner be responsible to guarantee payment of commercial utility charges upon a showing by a commercial tenant that it is creditworthy and/or upon the maintenance of a deposit deemed adequate to assure payment of utility charges to be incurred. In order to confirm information of creditworthiness, the finance director may require a credit report at the expense of the tenant or property owner and such other evidence of creditworthiness as the finance director deems reasonably necessary. The waiver of owner responsibility authorized above must be requested by the owner and must list the name and address of tenant for whom it is requested. Any such waiver will only remain in effect for the duration of the tenancy of the tenant named in the waiver. Any subsequent request for waiver by a property owner for a different tenant shall require a new application. Further, for commercial accounts, the finance director is authorized to establish deposit requirements and amounts in whatever amount deemed reasonably necessary to assure payment of the utility charges in question. At any time the finance director may give notice to the property owner that a guarantee waiver has been revoked and that the guarantee requirements of this code have been reinstated. The city administrator and finance director are authorized to take such steps as may be necessary to implement the provisions of this section. (Ord. 401 § 1, 2003)