1040.02 LIABILITY OF OWNERS AND LESSEES; DELINQUENCY; REMEDIES OF CITY.
   The owner of any property which is served by the Municipal waterworks system by pipes connected with the system to convey water thereto shall be liable to the City for all water from such system used upon such premises. If a utility charge, i.e., a charge for water, sanitary sewer or stormwater utility, is not paid within 60 days after it becomes due and payable, the City shall mail notice to the owner of the premises, notifying said owner that water service shall be shut off ten days from the date specified in the notice.
   (a)   If water service is disconnected for non-payment of a utility, all delinquencies must be paid in full prior to reconnection, including the charges to turn off the water and to turn the water back on. In the case of a hardship, the Mayor or the Finance Director may authorize service to be continued or restored during the process of collecting delinquent amounts due the City. For good cause shown, the Mayor is hereby authorized to waive delinquencies in amounts up to $2,500 for any property. Council shall have authority to audit these waivers annually.
   (b)   Any accounts that are delinquent may be certified to the County Auditor, who shall then place the same on the tax duplicate of the County, with interest and penalties allowed by law, to be collected as taxes are collected.
   (c)   A notice will be sent to each account owner, via certified mail, return receipt requested, that has a delinquent amount certified to the County Auditor. If the notice is returned unclaimed, undeliverable or refused, the Utilities Department may use any other means of communication to notify the property owner that a delinquent utility amount is being placed on the tax duplicate including notice in a newspaper of general circulation for a period of one week.
   (d)   Any account certified to the County Auditor must include the following information:
      (1)   Name on account/property owner;
      (2)   Address of service;
      (3)   Permanent parcel number;
      (4)   Amount to certify(delinquent amount).
   (e)   After an account has been certified to the County Auditor for collection, the delinquent party must make payment to the County Treasurer’s Office to remove the delinquency from the tax duplicate. This payment must include any administrative service charges added to the tax duplicate by the County.
   (f)   In addition to the procedures set forth herein for the collection of unpaid and delinquent water bills, the City, through the office of the Law Director, may bring a civil action in court against the delinquent party to enforce collection of any unpaid water bill, unless, in the opinion of the Finance Director and Law Director, the costs of such litigation outweighs the benefit.
(Ord. 165-97. Passed 11-10-97; Ord. 107-09. Passed 7-13-09; Ord. 34-19. Passed 5-28-19; Ord. 121-22. Passed 11-14-22.)