(A) The foregoing charges, including penalties and interest accrued to any premises shall be a lien on the premises, and on May 1 and/or October 1 of each year the City Treasurer shall certify to the City Assessor any charges which have been delinquent for 6 months or more, who shall enter the same upon the next tax roll against the premises, and the charges and penalties and interest accrued thereon shall be collected and this lieu enforced in the same manner as provided in respect to city taxes assessed upon the roll.
(B) Whenever the owner of property serviced by either or both city sewer and water systems shall have the premises rented or leased to another, tho property owner may file an affidavit of non- responsibility with the City Treasurer, together with a deposit which shall be held as a guarantee of payment of all charges, including shut-off and turn on fees. Any portion of the deposit not used for the payment of delinquent charges shall be returned to the depositor (as reflected in the affidavit of non-responsibility) upon discontinuance of service to the property, or may be transferred to the credit of a future occupant by written request to transfer received from the depositor.
(1) Deposits shall not bear interest, and in the event that a deposit has been made which is unclaimed by the original depositor within 5 years following discontinuance of service to the tenant(s) reflected on the affidavit, and the city has not received a written request to transfer the deposit to a successor tenant, then the city may forfeit the deposit and transfer the deposit to the water fund or sewer fund of the city.
(2) In the event the city is notified of a change of ownership or occupancy at a promises where an affidavit of non-responsibility has been filed, the city shall require tho successor owner or occupant to place a new deposit with the city unless the original depositor shall have transferred the deposit to the owner or successor occupant by a written transfer. The city shall not be obligated to return an original or successor owner or occupant's deposit unless the person entitled thereto shall apply to the City Treasurer for the return thereof.
(C) (1) The filing of an affidavit of non-responsibility and deposit shall preclude the city from placing a lien upon the premises in accordance with M.C.L.A. § 123.165 for usage charges, although property owners shall, however, remain liable for all tap-in (connection) charges for the use of the city water and sewer supply systems and these charges may be entered upon the tax roll, and shall remain liable for all water and sewer fees during the time(s) when the property is not occupied by a tenant or an approved affidavit has not been accepted and is not on file with the city.
(2) The filing of an affidavit of non-responsibility shall further have the effect of waiving liability for usage charges as to the property owner for that property for so long as the affidavit and deposit remain on file with the city and all.
(D) An affidavit of non-responsibility shall be in the form as prescribed by the City Treasurer and shall, in addition to the signature of the owner, be executed by the person(s) in possession of the premises and using the services.
(E) There shall be 2 categories of affidavits of non-responsibility and the property owner or occupant responsible for payment of the water bill may elect to file either for neither of the 2 alternatives.
(1) (a) An affidavit of non-responsibility with request for monthly billing shall be accompanied by a deposit initially established at $225. In addition to the deposit the property owner or tenant shall pay an annual fee to the city initially established at $45 for the first year, and $30 for each year thereafter that the affidavit of non-responsibility remains on file with the city. Failure to pay the annual fee will cause the affidavit of non-responsibility to become null and void immediately and without notice to the property owner or to the tenant.
(b) Whenever an affidavit of non-responsibility with request for monthly billing shall be properly filed with the required deposit and affidavit fee, then the city will read the water meter of the premises monthly. The city will further submit monthly billings to the tenant at the subject premises and discontinue waster service if the bill is not paid in full after 30 day a from its due date in accordance with the procedure established in § 51.143(C).
(2) (a) An affidavit of non-responsibility with request for quarterly bill shall be accompanied by a deposit initially established at $675 and is intended by resolution of Council from time to time, There shall be no fee for the filing of this type of affidavit.
(b) Whenever an affidavit of non-responsibility with request for quarterly billing shall be properly filed with the required deposit, the city will read the water meter and bill usage fees quarterly. Service discontinuance shall be in accordance with § 51.143(C)(1).
(Ord. 2019-5-51, passed 5-6-2019; Ord. 2019-7-51, passed 8-19-2019)