(A) Usage period. The usage period is the month or any part of the month during which water 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 city's water system.
(B) Bill date. The bill date shall be the first day of the month following the month in which the water meter is read by the city.
(C) Grace period. The grace period is the time between the bill date and the delinquent date. Billings will be distributed by the city to each customer of the
city on a monthly basis through the issuance of amonthly bill. Each monthly bill will state the date 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 without penalty by the close of business (4:30 p.m.) no later than the 20th day of the month in which the billing is sent. The 20th day of the month on and after 4:31 p.m. shall be known as the delinquent date.
(D) Delinquent date.
(1) If a bill is not paid on or before 4:30 p.m. on the 20th day of the month, a late charge equal to 10% shall be added to water bills. Bills are delinquent on and after 4:31 p.m. on the 20th day of the month. The 20th day of the month on and after 4:31 p.m. shall be known as the delinquent date. However, if the 20th day of the month is on a Saturday, Sunday or legal holiday, then the delinquent date shall be on and after 4:31 p.m. on the first business day after such weekend or holiday.
(2) No fines and/or penalties as set forth in this section shall be charged or otherwise enforced for charges retroactively incurred from March 1, 2020 until the date upon which the Governor of the State of Indiana lifts the restriction set forth in Executive Order 20-05 prohibiting public utilities from discontinuing service to customers in the state due to such services being considered as essential services.
(E) Water service disconnection. The city shall send a disconnect notice along with the monthly bill that is sent in the month following the delinquency date. If a water bill is not paid on or before the close of business (4:30 p.m.) on the 10th day of the month following the delinquent date on a bill, the city shall disconnect water service or otherwise turn off such service without further notice. However, if the 10th day of the month following the delinquent date falls on a Saturday, Sunday or legal holiday, then the city shall disconnect water service or otherwise turn off such service without further notice after 4:31 p.m. on the first business day after such weekend or holiday. All water service subject to disconnection shall be disconnected by the city utility personnel. Any customer water service that is disconnected for non-payment can only be reconnected after full payment is received plus the reconnection fee as set forth in § 53.15.
(F) Clerk-Treasurer as Hearing Officer on application for extension on disconnection of service. A person owing an unpaid water bill may appeal in writing to the Clerk-Treasurer for an extension of the date when water 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.
(G) Appeal of Hearing Officer's denial of disconnection extension.
(1) A person owing an unpaid water bill may appeal the determination of the Clerk-Treasurer acting as Hearing Officer in division (F) above. The appeal shall be in writing within 24 hours after receipt of the notice of dete1mination by the Hearing Officer, said appeal being to an Appeal Board composed of the Mayor, Common Council President, and Workforce Manager. The written appeal request shall set forth in the detail:
(a) The extraordinary hardship or other unavoidable circumstances whereby the delinquent bill cannot be fully paid within the allowed period:
(b) The specific relief requested; and
(c) The reason(s) that the person owing an unpaid water bill believes that the adverse determination of the Clerk-Treasurer acting as Hearing Officer was arbitrary or capricious.
(2) The Appeal Board shall hold a hearing on said appeal within ten business days of the filing of the appeal. The appellant shall be given at least 48 hours prior notice of the hearing. Any contemplated discontinuation of water service shall be deferred pending the determination of the appeal by the Appeal Board. The Appeal Board in its appeal determination may:
(a) Deny the appeal; or
(b) Grant the appeal in whole or in part; and
(c) Require partial payment of the delinquent bill in return for granting an extension.
(3) Upon denial of the appeal, the delinquent user shall be given 48 hours notice of the appeal denial prior to the discontinuation of service.
(H) Application of payments when payment is less than total billing. When a utility payment is received by the city from a customer, and said payment is less than the amount billed, the customer's payment shall be applied as follows:
(1) The payment shall be applied first to the storm water account until that account is fully paid.
(2) Any funds remaining in the customer's payment after the storm water account has been paid in full shall next be applied toward the water tax, then toward the water penalty, and then toward the water charge until that account is paid in full.
(3) Any funds remaining in the customer's payment after the storm water account and water account have been paid in full shall next be applied toward the waste water penalty, then toward the waste water charge until that account is paid in full.
(4) Any funds remaining in the customer's payment after the storm water account, water account and waste water account have been paid in full shall next be applied toward the trash account until that account is paid in full.
(I) Application of payments when payment is more than total billing. When a utility payment is received by the city from a customer, and said payment is more than the amount billed, the customer's payment shall be credited to the customer's water account.
(J) Disputed utility bills. A customer may request an in person conference regarding any dispute over a disputed utility bill or other service matter before the City Council, or its designee, to hear such matters. All such matters will be resolved in accordance with I.C. 8-1-2-103 and I.C. 8-1.5-3.5, the written policies of the city and the judgment of the Common Council.
(Ord. 724, passed 5-11-20; Am. Ord. 726, passed 6-22-20)