(A) General billing. Billing for water charges shall be made quarterly and shall be due and payable on the date specified in the bill. If not paid within 30 days after the due date, a 10% penalty shall be added to the unpaid balance of each account.
(B) Assistance to senior citizens with respect to charges.
(1) The purpose of this division (B) is to assist and encourage senior citizens to maintain their independence and self-reliance, so as to continue as viable members of this community, by annually appropriating from the General Fund the necessary money to supplement the payment of water charges to senior citizens, and not to reduce nor effect any changes in the revenue levels of the water utility funds.
(2) Quarterly charges for water services may be supplemented by appropriation from the General Fund of an amount equal to 30% per billing, provided the senior citizen meets all of the following requirements.
(a) The senior citizen shall own, occupy and reside upon the served premise. To qualify as a senior citizen, the owner or spouse must be 65 years of age, or older. The un-remarried surviving spouse of a senior citizen also qualifies.
(b) The senior citizen’s adjusted household income shall not exceed $13,500; the amount to be adjusted from time to time by resolution of the Township Board; and that adjusted household income is defined by the State Income Tax Act, being M.C.L.A. §§ 206.1 et seq., as amended, except that gross rents rather than net rents shall be included.
(c) The senior citizens shall not utilize the property for rental purposes.
(d) The senior citizens’ property shall be 1ocated within the township.
(e) Qualifications listed above shall be subject to verification annually by the Township Clerk.
(3) Quarterly charges for water service may be supplemented by appropriation from the General Fund of an amount up to 30% billing, provided the senior citizen meets all requirements in division (B)(2) above, except that where the property service is being partially utilized for rental purposes, the following assistance shall apply:
(a) Where a dwelling is being billed separately for each unit, a 30% assistance will be granted to the senior citizen unit; and
(b) Where the dwelling is being billed one water charge, the assistance to the senior citizen will be prorated, based upon the number of units within the dwelling. For example: two units a 15% assistance; three units a 10% assistance; four units a 7.5% assistance.
(c) Qualifications listed above shall be subject to verification annually by the Township Clerk.
(4) The assistance provided senior citizens under this section shall be annually appropriated and paid from the General Fund of the township to the Water Fund of the township.
(C) Hardship exemption of assessed charges. The owner of any premises which has been assessed any charges under this division (C) with regard to the water system, may submit a hardship application to the township seeking a deferment in the partial or total payments of the charges based upon a showing of financial hardship subject to and in accordance with the following.
(1) The legal owner of the premises shall complete a hardship application provided by the Township Board, and file the application together with all other information and documentation required by the township with the Township Board not less than 60 days prior to the date of the installment due.
(2) The legal owner must also occupy the premises to be eligible for any partial or total deferment.
(3) Hardship applications shall be reviewed by the Township Board and after due deliberation the Township Board shall determine in each case whether there has been an adequate showing of financial hardship and shall notify the applicant of the determination; in no case shall a hardship application be approved that does not meet the federal poverty income standards as defined and determined annually by the United States Office of Management and Budget.
(4) An applicant aggrieved by the determination of the Township Board may request the opportunity to appear before the Township Board in person for the purpose of arguing hardship and presenting any additional evidence. Denial of hardship following a personal appearance before the Township Board shall be final and conclusive.
(5) In the event the Township Board makes a finding of hardship, the Township Board shall fix the amount of deferment of partial or total charges. The Township Board can only determine a partial or total hardship for the particular year in which the application was submitted. Any deferment sought for any succeeding year(s) require(s) the submission of the necessary application for each succeeding year.
(6) Upon receiving a determination of the Township Board deferring partial to total charges imposed, the owners of the premises shall, within one month, execute a recordable security interest on the premises, with the township as the secured party, payable on or before the death of any of the applicants, or in any event, upon any transfer of the premises. The security interest shall be in an amount necessary to cover all fees and charges required under this division (C). The consideration for the security interest is the grant of a deferment pursuant of this division (C).
(7) Any deferment granted shall terminate upon the occurrence of any one of the following events:
(a) Change of the applicant’s financial status which removes the basis for financial hardship;
(b) Any conveyance of any interest in the premises, including the execution of a new security interest in the premises of extension thereof; and/or
(c) The death of any of the applicants.
(Ord. 96-1, passed - -; Ord. passed 11-19-1996; Ord. passed 11-19-1996)