(A) The Utility Clerk works under and is responsible to the Clerk-Treasurer of the town. The Utility Clerk shall have the authority and responsibility to collect monies from sewage and utility users, and to deposit and account for the funds to the Clerk-Treasurer of the town.
(B) (1) Services are billed on a calendar month basis. All bills are due monthly. Bills are due on the fifteenth of each month. Any bill not paid on or after the sixteenth of the month will include a delinquency charge as set out in § 50.22 below.
(2) (a) Any bill for utility service, not paid by the fifteenth of the month is subject to being sent a disconnect/delinquent notice on the next business day following the fifteenth day of the month. The disconnect notice shall advise the utility customer that the utility service is subject to being disconnected at any point following the last day the month. In order to avoid a disconnection subsequent to a notice of disconnection, the bill must have a zero ($0) balance as of the last day of the month. The delinquency requirements for Sewer service disconnection are set out in § 51.35(D).
(b) The notice set out in division (B)(2) (a) of this section shall contain the following information on the right to appeal in addition to any other information on the notice. “You have a right to appeal this disconnection by delivering a notice of the appeal in writing to (insert name) the Clerk Treasurer no later than the 22nd day of the month at the Town Hall. Questions may be answered by calling 317-831-3343.”
(c) Within two business days of receipt of a written appeal the Clerk Treasurer shall review the account and determine if there is any reason not to proceed with the disconnection. The Clerk Treasurer may make appropriate corrections to the account and the notice of disconnection, if appropriate, or may affirm the account and disconnection.
(d) The appellant shall be promptly notified in writing by the Clerk Treasurer of his/her determination of the appeal. In the event that the determination of the Clerk Treasurer is anything other than a complete withdrawal of the disconnection determination, the appellant and the President of the Town council shall be advised of the ruling. Further the appellant will be advised of his/her right to appeal the Clerk Treasurer’s decision to the Town Council. The following language is to be included with any adverse determination by the Clerk Treasurer “You have a right to appeal this determination by the Clerk Treasurer to the Brooklyn Town Council. Any appeal must be made in writing within five days of the determination of the Clerk Treasurer being challenged. The disconnection will still occur following the ruling of the Clerk Treasurer, unless by written application to the President of the Town Council he/she for good cause shown delays the disconnection. Any appeal will be heard at the next scheduled Town Council Meeting. You may appeal any adverse determination by the Town Council to the Morgan County Circuit Court.”
(3) Any account upon which a dishonored check has been received is considered to be unpaid unless and until the dishonored check and all charges associated therewith have been fully paid.
(C) The Utility Clerk shall do the following if a bad check (no account, insufficient funds and the like) is received:
(1) Send a certified mail notice, return receipt requested, to the person or entity writing the check that the check was returned; that a fee of $35 plus the cost of the certified mail notice, if a notice is used, must be paid in addition to the amount of the check; that the check and the fee must be paid within 15 days or the matter will be referred to the Prosecuting Attorney of the county for collection;
(2) If unpaid by the date included in the notice, refer the matter to the office of the Prosecuting Attorney of the county; or
(3) Treat the matter as a delinquent account within the time periods of such matters.
(D) Compliance with this section shall be monitored by the filing of a monthly report with the Town Council by the Clerk-Treasurer, to be reviewed at the regular monthly meeting of the Town Council.
(E) Effective date of this section is December 13, 2001.
(Ord. 2001-4, passed 12-11-2001; Am. Ord. 2010-10, passed 9-30-2010; Am. Ord. 2015-13, passed 8-18-2015)