(A) Usage period. The usage period is the month or any part of the month during which utility service is provided or is available to be provided to a customer of the utility, or the month or part of the month that a customer's property is physically connected to the town's water, sanitary sewage, or stormwater systems, and the part of the month in which trash service is provided.
(B) Bill date. The bill date shall be the first day of the month following the month that service is provided or available to be provided.
(C) Billing period. The billing period is the time between the bill date and the delinquent date. Billings will be distributed by the town to each customer of the town on a monthly basis through the issuance of a monthly bill. Each monthly bill will state the date that the bill is due, and the date after which the bill is considered delinquent and delinquent fees will be added. The total bill shall be due and payable by the close of business no later than the 15th day of the month after the billing date. The 15th day of the month following the billing date shall be known as the due date. If the due date falls on a holiday, Saturday, or Sunday, the due date shall be on the first business day following the holiday or weekend.
(D) Delinquent date. If a bill is not paid on or before the close of business of the due date, a late charge equal to 10% of the current utility bill amount shall be added to the charges. The first business day following the due date shall be known as the delinquent date. If the delinquent date falls on a holiday, Saturday, or Sunday, the bill shall then become delinquent at 8:00 a.m. on the first business day following the holiday or weekend.
(E) Lien notification date. If a bill is not paid on or before the close of business on the 60th business day following the due date, the town will send an "intention to file lien" letter to the property address. In cases of a non-owner occupied property, a copy of the "intention to file lien" letter will also be sent to the deeded owner's mailing address. If the lien notification date falls on a holiday, Saturday, or Sunday, the "intention to file lien" letter shall then be distributed on the first business day following the holiday or weekend.
(F) Lien file date. If a bill is not paid on or before ten business days following the lien notification date, the town or the Town Attorney shall file a lien on the property at their earliest convenience. The date ten business days following the lien notification date shall be known as the lien file date. If the lien file date falls on a holiday, Saturday, or Sunday, then the first date that liens will be filed shall then occur on the first business day following the holiday or the weekend.
(G) Water service disconnection date. If a water bill is not paid on or before the close of business on the 25th of the month, the water service of the customer is subject to disconnection without additional notice. All water bills subject to disconnection shall be disconnected by the town utility personnel on the same day, in an order determined to be most practical and efficient by town utility personnel, without discrimination or prejudice.
(H) (1) Clerk-Treasurer as Hearing Officer on application for service extension. A person owing an unpaid utility bill may appeal in writing to the Clerk-Treasurer for a 15 day extension of the date when utility service would be subject to discontinuation, setting forth in detail the extraordinary hardship or other unavoidable circumstances whereby the delinquent bill cannot be paid within the allowed period. The Clerk-Treasurer, acting as the Hearing Officer for the extension request may grant or deny such request, in whole or in part. The Hearing Officer may require partial payment of the delinquent bill in return for granting an extension. If the extension is granted and payment is not made within the extension period, the account will be subject to immediate disconnection.
(2) Appeal of Hearing Officer's denial of disconnection extension. A person owing an unpaid utility bill may appeal the determination of the Clerk-Treasurer acting as Hearing Officer in division (H)(1) above. The appeal will be in writing to the Town Council, which shall act on the appeal in its capacity as the governing board of the municipal corporation. The written appeal request shall set forth in detail: (1) the extraordinary hardship or other unavoidable circumstances whereby the delinquent bill cannot be fully paid within the allowed period; (2) the specific relief requested; and (3) the reason(s) that the person owing an unpaid bill believes that the adverse determination of the Clerk-Treasurer acting as Hearing Officer was arbitrary or capricious. The Town Council shall consider such appeal at its next scheduled Town Council meeting. Any contemplated discontinuation of utility service shall be deferred pending the determination of the appeal by the Town Council. The Town Council in its appeal determination may: (1) deny the appeal; (2) grant the appeal in whole or in part; and/or (3) may require partial payment of the delinquent bill in return for granting the extension. Upon denial of the appeal, the delinquent user shall be given 48 hours notice of the appeal denial prior to the discontinuation of service.
(Ord. 2020-01-01, passed 1-14-2020)