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(A) The county may establish a plan to ensure commercial properties are accurately classified based on the current water usage classification outlined in § 51.24, Table 1.
(B) If a property is reclassified to a higher water usage classification, the area connection charge shall be calculated accordingly based on the difference previously paid. At no time shall a downward reclassification occur.
(C) After reclassifying a property to a higher water usage classification, the county shall notify the owner of the reclassification. The owner shall then be required to pay the difference in area connection charges within 90 days unless otherwise determined. At the next billing, following the notice of the reclassification, the user shall be billed at the rates applicable, regardless of the actual meter size.
(2004 Code, § 179-6.1) (Ord. 02-20, passed 11-21-2002; Ord. 2021-09, passed 10-14-2021)
(A) Usage rates shall consist of a "ready-to-serve" charge for each size meter and a charge based upon actual usage. Usage shall be determined by the amount of fluids passing the meter during the period between the last two readings. For users without a functioning meter, a ready-to-serve charge and gallonage charge may be computed in accordance with § 51.24(A)(1). These charges shall be billed quarterly and shall be due 30 days thereafter.
(B) Water haulers shall draw public water from only the county's designated bulk water storage tank. The use shall be metered and the hauler shall pay for each gallon of water at a rate which shall be set and may be amended from time to time by resolution of the County Commissioners.
(2004 Code, § 179-7) (Ord. 02-20, passed 11-21-2002; Ord. 2012-01, passed 1-31-2012; Ord. 2021-09, passed 10-14-2021)
(A) All water and sewer charges as outlined in this code or adopted otherwise, are payable when due and constitute a lien upon the property from and after the date incurred, until paid. A late fee charge in the amount of $10 will be assessed upon all payments made after the due date, and such late fee may be added to the subsequent bill.
(B) Failure to pay water or sewer charges when due shall result in the termination of service. Service may be terminated upon five days' advance written notice. For purposes of this section, notice may be accomplished by posting on the property in any manner deemed sufficient by the county or by mail. When notice is given by mail, such notice shall be sufficient and effective at 8:00 a.m. on the fifth calendar day of ordinary mailing in the United States Postal Service.
(C) In addition to, and not in substitution for, any other method of enforcement, the county may file suit at law or in equity against the property owner, user, or both to recover any charges or interest due the county under the provisions of these regulations. The county shall be entitled to recover reasonable attorneys' fees for the collection of any delinquent charges and to recover the costs of bringing such action.
(2004 Code, § 179-8) (Ord. 02-20, passed 11-21-2002; Ord. 2021-09, passed 10-14-2021)
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
CUSTOMER. A property owner who is responsible for the timely and complete payment of all utility charges and all installments and surcharges arising from utility service supplied to a residence. For purposes of this subchapter, a tenant of rental property whose owner is contractually responsible for payment of utility charges arising from utility service supplied to the tenant's rental unit is not a property owner.
UTILITY. Water and/or sewer service.
(B) Utility bill.
(1) A utility bill shall be mailed on a quarterly basis to every customer for utility service supplied during the time period shown on the utility bill. Each utility bill shall contain the following information:
(a) The time period and number of days of utility service covered by the utility bill;
(b) The utility charge and/or installment and surcharge due;
(c) The date of the utility bill;
(d) The date after which service will be terminated for a failure to pay, which shall be at least 25 days from the date of the utility bill;
(e) Notice whether the utility bill is based on an actual or an estimated measurement of the amount of utility service supplied;
(f) If necessary, notice that a utility charge shown on a utility bill based on an actual measurement, and which follows one or more bills based on estimated measurements, may be substantially higher than previous utility bills and higher than the utility bills based on estimated measurements;
(g) Notice that failure to timely and completely pay the amount(s) shown on the utility bill shall result in termination of utility service; and
(h) Notice that customers may call the Bureau of Utilities, whose telephone number shall be listed on the utility bill, in order to:
1. Dispute the amount of the utility charge and/or the installment and surcharge;
2. Avoid the termination of utility service for nonpayment of the amount(s) shown on the utility bill;
3. Request the restoration of utility service; and
4. Request answers to any other questions regarding utility service.
(2) Failure to timely mail or to include the required information in the bill shall not be cause for nonpayment or disallowance of any charge contained in the bill.
(C) Customer dispute.
(1) At any time before the date of termination of utility service for nonpayment of the amount(s) shown on a utility bill, a notice of rejection, or a notice of termination, a customer may dispute the correctness of all or part of the amount(s) shown in accordance with the provisions of this subchapter provided such requests are not the subject of a previous dispute included under this division (C).
(2) The procedure for residential customer disputes shall be as follows:
(a) Before the date of termination, the residential customer shall notify the utility, orally or in writing, that he or she disputes all or part of the amount(s) shown on the utility bill, a notice of rejection or a notice of termination, stating as completely as possible the basis for the dispute.
(b) If the utility determines that the present dispute is untimely or that the residential customer previously disputed the correctness of all or part of the amount(s) shown, the utility shall notify the customer that the present dispute is untimely or invalid. The utility shall then proceed as if the customer had not notified the utility of the present dispute.
(c) If the utility determines that the present dispute is valid under this division (C), the utility shall attempt to arrange an informal meeting within five business days between the residential customer and an official of the utility unless said dispute can be resolved immediately.
(d) Based on the utility's records, the customer's allegations and all other relevant materials available to the official, the official shall resolve the dispute, attempting to do so in a manner satisfactory to both the utility and the customer.
(e) Within five business days of the informal meeting, the official shall mail to the customer a copy of his or her decision resolving the dispute.
(f) If the decision is unsatisfactory to the customer, the customer, within five business days of receipt of the official's decision, may request in writing a formal hearing before the County Commissioners or a designated board.
(g) The formal hearing before the County Commissioners or designated board shall be held within 20 days of the utility's receipt of the customer's written request.
(h) Based on the record established at the hearing, the County Commissioners or designated board, within five business days of the completion of the hearing, shall issue a written decision formally resolving the dispute. Its decision shall be final and binding on the utility and the customer.
(3) Utilization of this dispute procedure shall not relieve a residential customer of his or her obligation to timely and completely pay all other undisputed utility charges and/or installments and surcharges, and the undisputed portion(s) of the amount(s) which is (are) the subject of the present dispute. Notwithstanding division (C)(4) below, failure to timely and completely pay all such undisputed amounts shall subject the residential customer to termination of utility service in accordance with the provisions of this subchapter.
(4) Until the date of the County Commissioners' designated board or the utility official's decision, whichever is later, the utility shall not terminate the utility service of the residential customer and shall not issue a notice of termination to him or her solely for nonpayment of the disputed amount(s). If it is determined that the customer must pay some or all of the disputed amount(s), the utility shall promptly mail to or personally serve upon the customer a notice of termination which shall contain the following:
(a) The amount to be paid;
(b) The date of the notice of termination;
(c) The date of termination, which shall be at least five business days after the date of the notice of termination;
(d) Notice that, unless the utility receives complete payment of the amount shown prior to the date of termination, utility service shall be terminated under division (D) below; and
(e) Notice by the Bureau of Utilities described in division (B) above.
(D) Utility service termination procedure.
(1) Except as provided in divisions (C)(4) above and (E) below, the provisions of this section shall govern all terminations of utility service for nonpayment of utility charges and/or installments and surcharges.
(2) If the county has not received complete payment of the amount(s) shown on the bill or the notice by the required due date, the county shall mail or personally serve upon the customer a notice of termination at least three days after the payment date.
(3) The notice of termination shall contain the following:
(a) The amount to be paid;
(b) The date of the notice of termination; or
(c) The date of termination, which shall be at least five business days from the date of the notice of termination;
(d) Notice that, unless the county receives complete payment of the amount shown prior to the date of termination, the utility service shall be terminated under this division (D);
(e) Notice that in lieu of paying the entire amount shown a residential customer, prior to the date of termination, may notify the utility that he or she disputes the correctness of all or part of the amount shown, if all or part of the amount shown was not the subject of a previous dispute under division (C) above; and
(f) Notice by the Bureau of Utilities described in division (B) above.
(4) If, prior to the date of termination, the utility has not received complete payment of the amount due or the residential customer has not notified the utility that they dispute the correctness of all or part of the amount shown on the notice of termination, then the utility shall terminate the utility service.
(E) Limitations on termination of utility service.
(1) The utility shall terminate utility service for nonpayment of utility charges and/or installments and surcharges only during the hours of 9:00 a.m. to 3:00 p.m., Monday through Thursday. No terminations shall be permitted on a legal holiday or on the day before a legal holiday.
(2) The utility shall not terminate utility service for nonpayment of amounts cumulative between billing cycles of less than $100.
(F) Reinstatement of utility service.
(1) In the event of termination, the utility shall reinstate service to the residential customer within 24 hours of complete payment of the outstanding utility bill and all associated fees, plus a reinstatement charge in the amount of $50. Such payment shall not be considered a timely payment for purposes of this subchapter.
(2) Reinstatements are not required to be made on holidays, weekends or between the hours of 3:00 p.m. and 8:00 a.m. of any day, unless an additional fee in the amount of $125 is added to the next billing cycle and if staff is available.
(2004 Code, § 179-9) (Ord. 02-20, passed 11-21-2002; Ord. 2021-09, passed 10-14-2021)
(A) Usage rates and area connection charges shall be based on the water usage classification as outlined in Table 1 and which shall be established by the County Commissioners by resolution or ordinance:
(1) Non-functioning meters. Customers who do not have a functioning meter shall pay quarterly a ready-to-serve charge and a gallonage charge which shall be computed as follows:
(a) Effective with the customers' first full billing cycle after adoption of this subchapter, customers shall pay a ready-to-serve charge equal to the charge applicable to users having a three-inch meter. On the first billing period after each July 1, thereafter, the ready-to-serve charge shall increase to the charge for the next higher meter size. After a charge for the largest single meter has been applied to the user based upon this calculation, the previous year's ready-to-serve charge shall be doubled in each succeeding year.
(b) Customers shall pay a gallonage charge equal to their estimated use based on the meter size at which their ready-to-serve charge is calculated. The charge shall be determined in accordance with Table 1:
Meter Size | Estimated Consumption of Gallons per Day | Estimated Consumption of Gallons per Quarter |
Meter Size | Estimated Consumption of Gallons per Day | Estimated Consumption of Gallons per Quarter |
5/8 inch | 250 | 22,812.50 |
3/4 inch | 275 | 25,093.75 |
1 inch | 350 | 31,937.50 |
1-1/2 inch | 450 | 41,062.50 |
2 inch | 725 | 66,156.25 |
3 inch | 2,750 | 250,937.50 |
4 inch | 3,500 | 319,375.00 |
6 inch | 5,250 | 479,062.50 |
8 inch | 7,250 | 661,562.50 |
Rate | Estimated Consumption of Gallons per Day "Water Usage Classifications" | Estimated Consumption of Gallons per Quarter |
Rate | Estimated Consumption of Gallons per Day "Water Usage Classifications" | Estimated Consumption of Gallons per Quarter |
1 | 250 | 22,812 |
2 | 275 | 25,093 |
3 | 350 | 31,937 |
4 | 450 | 41,062 |
5 | 725 | 66,156 |
6 | 1,225 | 91,250 |
7 | 1,750 | 136,875 |
8 | 2,250 | 182,500 |
9 | 2,750 | 250,937 |
10 | 3,500 | 319,725 |
11 | 5,250 | 479,062 |
12 | 7,250 | 661,562 |
*An increased area connection charge shall apply to each additional l,000 gallons per day over Rate 12. **Exception: Age restricted communities (55 and older) receive a 60% reduction to Rate 1 of each rate schedule. To qualify, the property shall be deeded as age restricted. Any future change shall result in a reclassification of the property and a balance of the fee paid. | ||
(2) Front-foot maintenance fee.
(a) Effective July 1, 2001, the county shall establish an annual fee for upkeep of water and sewerage systems which shall be made upon such reasonable basis as the County Commissioners may determine. The fee shall be collected annually in the same manner as are front-foot benefit assessments against all properties having a connection to a water main or a sewer under the operation or ownership of the county and shall be a lien against the property.
(b) The fee shall be based on such classifications as the county may establish and shall be uniform throughout each system within each classification; provided, however, that no charge for upkeep of water and sewerage systems shall be made against any property in any year for which property is subject to a front-foot benefit assessment.
(B) Reduction in charges due to water loss.
(1) Within 30 days of an invoice for water and sewer service, a customer may apply for a reduction in the customer's water and sewer charges when the customer shows that the customer did not cause, either through intent or through negligence, a leak in the customer's water service line and presents evidence of the repair of a leak in the customer's water service line, where the leak existed between the customer's house or business and the meter serving the property, or when the customer presents evidence of a repair of a major break within the structure and associated with an insurance claim. A plumbing permit shall be required.
(2) The Comptroller, upon receipt of an application for a reduction in charges due to the loss of water as provided in division (B)(1) above, shall review the application and decide whether to grant the reduction in the charges.
(3) Where the leak spans more than one billing cycle, despite the best efforts of the customer to have it repaired, the Comptroller may adjust the bills.
(4) In determining the amount of the reduction, the Comptroller shall consider:
(a) The prior use of the customer during the whole period of service to the customer but for a period of no less than the two preceding quarters; or
(b) The use of similar customers if the customer has not used the system for at least two quarters.
(5) In determining whether to grant the reduction, the Comptroller shall determine if the customer knew or should have known about the leak and grant relief only in circumstances when the customer has acted reasonably. The decision of the Comptroller may be appealed to the County Commissioners or a Board of Appeals appointed by the County Commissioners, and its decision is final and not subject to further appeal. Credits shall only be considered and granted provided a plumbing permit is completed for the repair.
(6) Reductions in water usage shall not be granted for the filling of swimming pools, hot tubs, or other water storage components, including outdoor irrigation systems.
(C) Other charges.
(1) In cases where the owner requests the meter tested for accuracy, the owner shall pay the costs of a meter replacement should the result show that the existing meter was accurate. If the meter is shown to be inaccurate, the county shall replace the meter at no cost to the owner and shall adjust the billed invoice appropriately.
(2) Property transfer fee. A fee of $30 shall be charged for each final water reading related to the transfer of a property and paid as part of the recordation of the deed.
(D) Removal of meter. If a property owner requests removal of the meter because the property is vacant, condemned, or abandoned, or for any other reason, the charge for removal shall be $50 and the subsequent charge for reinstatement of the meter shall be $50 plus the cost of the new meter. During the time period that the meter is removed, the base charge will not be assessed. If the meter is not reinstated within 24 months, the property owner shall pay the current water area connection charge, less any connection charges previously paid when the meter is reinstalled.
(2004 Code, § 179-11) (Ord. 02-20, passed 11-21-2002; Ord. 03-13, passed 6-10-2003; Ord. 05-01, passed 1-25-2005; Ord. 06-10, passed 6-22-2006; Ord. 2021-09, passed 10-14-2021)
(A) In addition to and not in substitution of any criminal penally imposed pursuant to § 51.99, any person who shall injure, deface, destroy, molest, tamper with, or otherwise damage any portion of the water and sewer system owned by the county shall be liable to the county for the damage, including reasonable attorneys' fees and costs incurred in bringing suit.
(B) In addition to, and not in substitution of, any other right or remedy which the county may have hereunder or otherwise, the county may bring suit to enjoin violations of this subchapter and shall be entitled to recover reasonable attorneys' fees and the costs incurred in bringing the action.
(2004 Code, § 179-12) (Ord. 2021-09, passed 10-14-2021) Penalty, see § 51.99
In computing any period of time prescribed by this subchapter, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the next day which is not a Saturday, a Sunday or a legal holiday. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
(2004 Code, § 179-13) (Ord. 2021-09, passed 10-14-2021)
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