(A) Upon applying for water utility service from the city for a residence, an applicant, whether an owner, tenant or contract purchaser, shall pay to the Clerk-Treasurer a deposit in the sum of $200, which sum shall be utilized by the city to ensure payment by the person occupying the property of the rates, charges and fees assessed for the services rendered by the city water utility with the respect to the property. Said $200 deposit may, upon request by the customer, be paid in two equal installments, with the first installment of $100 being paid at the time of the filing of the application for service, and the second installment of $100 being paid when invoiced in the first monthly billing cycle not less than one month after the date of the initial deposit and application. However, if an owner/landlord of a property occupied by a person other than the owner requests that the city waive the deposit to be paid by the person occupying said property, and in lieu of such deposit, the owner/landlord agrees to indemnify and hold harmless the city for any unpaid utility invoices remaining after the occupier of said property vacates such property, and said owner/landlord further executes an approved utility indemnification agreement setting forth such indemnification, then the city will waive the deposit otherwise required herein. Furthermore, if the applicant for water utility service is a customer for a previous residence within the city, and said customer has had no late water utility payments during the immediately previous 36 months prior to application for new water utility service at a different residential location, then no additional deposit shall be required for said applicant.
(B) The city shall maintain a record of each applicant or customer making a deposit that includes the following:
(1) The name of the customer.
(2) The current address of the customer so long as said customer maintains an active account with the utility in his or her name.
(3) The name of the owner or manager of the property.
(4) The current address of the property.
(5) The amount of deposit.
(6) The date the deposit was made.
(7) A record of each transaction affecting said deposit.
(C) Each customer shall be provided with a receipt from the city at the time the deposit is paid. The city shall provide a reasonable method by which a customer who is unable to locate the receipt may establish that he or she is entitled to a refund of said deposit.
(D) If a customer pays the deposit by check and the check is returned for insufficient funds, then the customer shall be assessed the returned check fee set forth under I.C. 35-43-5-5 or any subsequent statute which addresses returned check fees.
(E) Any deposit will be refunded promptly upon successful termination of utility services between the customer and the city. The procedure following a customer request for termination of service is as follows:
(1) The city shall require payment of any past due balance currently invoiced and owed for said water utility.
(2) The city may apply or otherwise credit all or part of said deposit to the final invoicing for unpaid rates, charges and fees assessed to the water utility customer. The use of all or part of said deposit toward said unpaid rates, charges and fees shall not prohibit the city from taking further actions under §§ 53.13 through 53.15 herein.
(3) Any portion of the deposit remaining after the credit set forth in division (E)(2) above shall be forwarded to the customer. Water utility deposits shall only be released to a third party upon written agreement between the owner of the deposit and the third party being presented to the city.
(F) Upon written request by a customer who has previously paid the deposit as set forth herein, and who has had no late water utility payments during the immediately previous 36 months prior to said written request, the city shall refund said deposit to said customer, said refund to be paid within 30 days of said written request.
(G) Unclaimed deposits. Any deposit made by the applicant, customer or any other person to the city for the water utility (less any lawful deductions therefrom), or any sum the city is ordered to refund for utility service that has remained unclaimed for seven years after the utility has made diligent effort to locate the person who made such deposit, shall be presumed abandoned and shall be transferred to the office of the Indiana Attorney General pursuant to I.C. 32-34-1.
(Ord. 762, passed 8-14-23)