(A) Billing procedure. Bills for the rates and charges set forth in § 52.11 shall be due and payable at the business office of the city or to any designated agent on the 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 charges on the unpaid balance. In addition, there shall be charges a penalty of 10% of the unpaid balance.
(B) Discontinued service; reinstatement.
(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) Lien. The rates and charges imposed by § 52.11 shall be a lien on the respective premises served by the 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 charges 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 on 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.
(D) No fee service. No free service shall be furnished by the system to any person, public or private, or to any public agency or instrumentality.
(E) Charges for service prior to effective date. Any rates and charges for service rendered prior to the effective date of this chapter are hereby ratified and shall be collected pursuant to §§ 52.50 through 52.55 and the city shall pursue all remedies pursuant to §§ 52.50 through 52.55 upon failure of a customer to pay the rates and charges.
(F) Bills and notices to be mailed. All bills and notices relating to the conduct of the business of the city and of the 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 deliver of any bill or notice, nor will the customer be excused from non-payment of a bill or from any performance required in the office.
(G) Reasons for canceling applications and disconnecting service. Applications for connection permits may be canceled and/or sewer 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 as 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 building sewers in a proper state of repair; and/or
(4) Damage to any component of the system.
(H) Conditions for reestablishing service. Where service supplied to the customer has been disconnected for nonpayment or delinquent bills, the city reserves the right, as a condition to reconnect the service, to require a nominal fee of $100 be placed on deposit with the city for the purpose of establishing or maintaining any customer’s credit. The deposit shall not be considered in lieu of any future billings of rates and charges. Service shall not be reestablished until all delinquent charges, and penalties, and a turn-on charge, has been paid. Further charges and penalties may be recovered by the city by court action.
(I) Interruptions of service. The city shall make all reasonable efforts to eliminate interruptions of service and, when the interruptions occur, will endeavor to reestablish service with the shortest possible delay. Whenever service is interrupted for the purpose of working on the system, all customers affected by the interruptions will be notified in advance whenever it is possible to do so.
(J) Appeal; resolution of appeals. 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. Any additional information which may be required to resolve the appeal, as directed by the city, shall be obtained by the customer at his or her expenses. Resolution of appeals shall be made within 60 days by the city in accordance with best available data and this chapter. All bills for rates and charges outstanding during the appeals process, including all penalties and delinquency charges, shall continue to be due and payable. Upon resolution of the appeal, the city shall adjust the charges accordingly, including any refund due. Refunds shall be retroactive to the previous 12-months’ billings only.
(Ord. 162, passed 8-12-2002; Ord. 182, § 8, passed 2-13-2012)