(A) Bills for the rates and charges set forth in § 51.10 shall be due and payable at the business office of the city or to any designated agent on their due date of issue. If not paid by the fifteenth day thereafter, a time price differential equal to 1% per month or fraction of a month shall be charged on the unpaid balance. In addition, there shall be charged a penalty of 10% of the unpaid balance.
(B) (1) It is the policy of the city to discontinue utility service to customers by reason of nonpayment of bills, as set out in division (A) above, only after notice and a meaningful opportunity to be heard on disputed bills. The city’s form for application for utility service and all bills shall contain, in addition to the title, address, room, number and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:
(a) That all bills are due and payable on or before the date set forth on the bill; and
(b) That if any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill is not paid within ten days of the mailing of the second bill, service will be discontinued for nonpayment; and
(c) That any customer disputing the correctness of his or her bill shall have a right to a hearing at which time he or she may be represented in person and by counsel or any other person of his or her choosing and may present orally or in writing his or her complaint and contentions to the city official in charge of utility billing. This official shall be authorized to order that the customer’s service not be discontinued and shall have the authority to make a final determination of the customer’s complaint.
(2) Requests for delays or waiver of payment will not be entertained; only questions of correct and proper billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be continued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days.
(3) When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge in an amount set by the city.
(C) The rates and charges imposed by § 51.10 shall be a lien on the respective premises served by the water system. Whenever rates and charges shall be unpaid for 60 days or more, they shall be considered delinquent. The City Clerk/Treasurer shall certify all delinquent rates and charged annually, on or before April 1, of each year to the tax-assessing officer of the city, who shall enter the delinquent rates and charges, interest and penalties upon the next tax roll as a charge against the premises affected and the charge shall be collected and the lien thereof enforced in the same manner as ad valorem property taxed levied against the premises.
(D) No free service shall be furnished by the system to any person, public or private, or to any public agency or instrumentality.
(F) All bills and notices relating to the conduct of the business of the city and of the water system will be mailed to the customer’s address unless a change of address has been filed in writing at the business office of the city. The city shall not otherwise be responsible for delivery of any bill or notice, nor will the customer be excused from nonpayment of a bill or from any performance required in the notice.
(G) Applications for connection permits may be canceled and/or water service disconnected by the city for any violation of any part of this chapter, including without limitation, any of the following reasons:
(1) Misrepresentation in the permit application to the nature or extent of the property to be serviced by the system;
(2) Nonpayment of bills;
(3) Improper or imperfect and/or failure to keep service lines in a suitable state of repair;
(4) Damage to any part of the water system; and/or
(5) Existence of a cross-connection.
(H) Where the water service supplied to a customer has been discontinued for nonpayment of delinquent bills, the city reserves the right as a condition to reconnect the service to require a nominal sum of $100 be placed on deposit with the city for the purpose of establishing or maintaining any customers credit. The deposit shall not be considered in lieu of any future billing for rates and charges. Service shall not be reestablished until all delinquent charges and penalties, and a turn-on charge has been paid. Further, the charges and penalties may be recovered by the city by court action.
(I) The city shall make all reasonable efforts to eliminate interruptions of service and, when these interruptions occur, will endeavor to reestablish service with the shortest possible delay. Whenever service is interrupted for the purpose of working on the water system, all customers affected by the interruption will be notified in advance whenever possible.
(J) Any customer has the right to appeal any rates or charges levied in accordance with this chapter. Appeals shall be directed to the city, along with any supporting documentation for amendment of the charges in question.
(1) Any additional information that may be required to resolve the appeal, as directed by the city, shall be obtained by the customer at his or her expense.
(2) Resolution of appeals shall be made within 60 days by the city in accordance with best available data and this chapter.
(3) All bills for rates and charges outstanding during the appeals process, including all penalties or delinquency charges, shall continue to be due and payable.
(4) Upon resolution of the appeal, the city shall, if necessary, adjust the rates and charges accordingly, including any refunds due. Refunds shall be retroactive to the previous 12 months billings only.
(Ord. 128, passed 12-20-1984; Ord. 182, § 7, passed 2-13-2012)