§ 50.10 BILLING, PAYMENT AND THE CITY’S REMEDIES FOR PAST-DUE BILLS: SERVICE TERMINATION AND RIGHT TO LIEN.
   (A)   Meter readings. Meters shall be read and customers billed on the basis of the meter reading, according to the rate structure established by City Council resolution. The Water Department shall keep an accurate account on its books of all readings of meters, and the accounts so kept shall be offered at all times, places, and courts as prima facie evidence of the use of water service by the customer.
   (B)   Flat rates. Where meters have not been installed, the customer shall be billed on the basis of the average monthly charge for the size and class of service supplied to the customer.
   (C)   Rendering of bills.
      (1)   Billing period. Meters shall be read and bills rendered monthly.
      (2)   Bills for other than normal billing period. Opening or closing bills or bills that for any other reason cover a period containing 10% more days or 10% less days than in the normal billing period shall be prorated.
   (D)   Disputed bills. A customer who disputes the correctness of a bill shall deposit the amount of the disputed bill at the time the complaint is lodged to preclude discontinuance of service pending final settlement of the bill or bills. Subsequent bills shall be paid or placed on deposit in a similar manner. Failure of the customer to make the deposit shall warrant discontinuance of service as provided under this section.
   (E)   Failure to read meters. In the event that it is impossible or impractical to read a meter on the regular reading date, the water consumption shall be prorated on the basis of 30 days per month, and the total water consumption for billing purposes for the period shall be estimated.
   (F)   Payment of bills.
      (1)   Generally. Each bill rendered shall contain the final date on which payment is due. If the bill is not paid by that date, the account shall be considered delinquent unless other arrangements have been made by an authorized representative of the Water Department, either orally or in writing, that specify another due date.
      (2)   Penalty fees for late payments. Bills not paid by the due date shall be assessed a penalty of 10% of the previous billing.
      (3)   Returned checks. A fee shall be charged for checks returned for insufficient funds as established by resolution by the City Council.
(Ord. 80.11.6, passed 11-12-2003)
   (G)   Delinquent accounts.
      (1)   Delinquent notice. If a bill is not paid in full by the due date designated on the bill, the next bill shall include a delinquent notice with a statement of the amount that is delinquent. If the delinquent amount of a bill is not paid in full within 15 calendar days of the mailing of a bill containing the delinquent notice, water service may be discontinued.
      (2)   Opportunity to be heard. Customers with a delinquent amount that remains unpaid more than 15 calendar days after notice of the delinquent amount has been provided, are subject to discontinuance (shut-off) of water service. These customers shall be notified of the discontinuance date and have the opportunity to be heard by a city official or employee empowered to resolve any valid objections to the billing prior to a service disconnection.
      (3)   Service turnoff. On the day before a disconnection, the city shall cause a door hanger to be posted on the front door of the service address stating that service will be disconnected the following calendar day and shall remain disconnected until all delinquent amounts are paid in full. The city’s cost of each door hanger, according to the then-current fee schedule, shall be added to the delinquent amount due. On the disconnection date, an agent of the Water Department shall deliver a written notice to the customer stating that the water service will be turned off until all delinquent amounts have been paid. The agent of the Water Department shall immediately thereafter turn off (disconnect) the water service to the property. Delivery of this shut-off notice to any person at the address served by the meter shall be considered sufficient delivery to the customer.
      (4)   Installment payments of delinquent accounts. In cases of extreme hardship, the City Manager or the Manager’s designee shall have the authority to renew service to a delinquent account upon the customer’s execution of a satisfactory installment plan for the payment of the overdue amount and the provision of remedies in the event of future delinquent payments.
      (5)   Lien against real property. If any water bill or charge provided for by these rules and regulations is not paid within 30 days after the water bill or charge becomes due, the City Recorder shall notify either the legal and/or equitable owner of the real property where the water was used or charge incurred, by certified or registered mail, the amount of the water bill or charge, the description of the real property involved, and a statement that if the water bill or charge is not paid within 15 days from the date the notice is mailed, the real property involved will be subject to an assessment lien in the amount of the delinquent water bill or charge. If payment is not made within the 15 day period, the city may proceed to record and then foreclose the lien in the manner provided by law for the municipal assessment liens.
      (6)   Lien against real property that has been vacant, abandoned or has an inactive account. If the service property has been vacant, abandoned or otherwise has an inactive account with no activity for a period of 60 consecutive calendar days, the City Manager may at the Manager’s discretion, suspend the service account and shut-off (disconnect) the service meter. In that event, the city shall assess a lock- out fee, based on the then-current Fee Schedule. From that point forward an inactive water service account will be assessed a nominal monthly charge until reactivated and a separate reactivation fee in anticipation of a future reconnection of the service property. The city’s disconnection and reactivation fees shall be recorded as a lien against the service property in addition any other fees, utility service charges and other unpaid amounts assessed by the city. The city’s utility assessment lien shall have priority over, and shall be superior to, all other liens recorded against the service property.
   (H)   Water service adjustments. Water service charges shall be adjusted automatically each year to reflect cost of living increase, unless the City Council affirmatively adopts a new water rate schedule. If the City Council has not adopted a new water rate schedule, the automatic annual adjustment shall be determined as of each January by averaging the monthly cost of living figures frm the date that is available from the preceding 12 reporting periods. The source of the cost of living data shall be the U.S. Bureau of Labor and Statistics, Cost of Living Index, CPI-U All Cities publication for each month.
(Ord. 90.01, passed 1-8-1991; Am. Ord. 2007- 11-03, passed 11-13-2007; Am. Ord. 2008-08- 01, passed 8-12-2008; Am. Ord. 2014-12-03, passed 1-13-2015)