§ 51.19 INACTIVE CONNECTIONS; VACANT PROPERTIES.
   (A)   Intent to establish a monthly charge for inactive connections to and vacant properties connected to the municipal water system and wastewater system. It is the intent of the town to implement a monthly charge for inactive connections and vacant properties connected to the water system and/or the wastewater system.
   (B)   Basis of monthly inactive and vacant property charge.
      (1)   At large within town limits.
         (a)   For each continuous parcel of property that is owned by one property owner(s), that has water and/or sewer private service lines from the town’s mains to such property, the owner shall pay a minimum of at least one fee, whether it be a monthly base rate or the vacant/inactive charge per each type of service available.
         (b)   If it is unknown by the town whether the parcel has water and/or sewer services, it shall be assumed that the parcel does not and no charges will be levied. However, at such time as line(s) are located and/or used, the parcel shall be subject to the applicable rates or charges, either the water and/or sewer monthly base rate(s) or the vacant/inactive charge(s).
         (c)   A continuous parcel of property shall not include properties that are divided by a road, street, alley, highway, or are attached only by a corner (e.g., diagonally). Properties divided by a ditch, creek, or fence shall be considered continuous.
         (d)   If the parcel is divided and sold, applicable fees will apply to each new parcel.
         (e)   For properties that are turned on/off in the middle of a billing cycle, monthly service and vacant/inactive charges will be prorated accordingly.
      (2)   Main street retail.
         (a)   Each parcel identified by the Town Council that is, or has the potential to be, a separate retail business, whether or not structures exist on the property, shall pay one service fee, whether the monthly base rate or the vacant/inactive charge per each type of service available. The continuous parcel exception shall not apply.
         (b)   If the parcel is divided and sold, applicable fees will apply to each new parcel.
         (c)   For properties that are turned on/off in the middle of a billing cycle, monthly service and vacant/inactive charges will be prorated accordingly.
      (3)   Outside of town limits.
         (a)   Owners of each continuous parcel of property outside of the town limits, which has access to the town’s water and/or sewer systems, shall pay at least one fee, either the monthly base rate or the vacant/inactive charge, according to the type(s) of service available. If the owner of the parcel does not want access to the town’s services, they must either pay the vacant/inactive charges or physically abandon the service line at the connection with their private line. This abandonment must be under the direct supervision of the town’s water/sewer superintendent, who shall visually inspect and approve of the physical disconnection in writing. If the water and sewer superintendent does not visually inspect and approve of the abandonment, the appropriate rate/charges will continue to be billed to the property. The property owner shall be responsible for all costs of abandonment. Abandonment is not an option for parcels inside the town limits.
         (b)   If the parcel is divided and sold, applicable fees will apply to each new parcel.
         (c)   For properties that are turned on or off in the middle of a billing cycle, monthly service and vacant and inactive charges will be prorated accordingly.
   (C)   Inactive connection charge/vacant property charge. The town proposes to establish a monthly charge for the town’s water system, effective as of the December 31, 2020 billing (the “Inactive connection charge”). The inactive connection/vacant property charge will be charged to all parcels with connections to the water system as provided above. The charge shall be $15 per month for properties with a building upon the property.
   (D)   Inactive connection/vacant property charge. The town proposes to establish a monthly charge of $5 for inactive connections and vacant properties connected to the wastewater system, effective as of the December 31, 2020 billing (the “inactive connection/vacant property charge”). The inactive connection/vacant property charge will be charged to all parcels with connections to the wastewater system as provided above.
   (E)   Determination of annual budget for systems. Each year the Council of the town shall determine the amount of money needed to pay the costs of the systems including but not limited to: (a) the payment of the reasonable expense of operation and maintenance of the systems; (b) administration of the systems; (c) the payment of principal and interest on any bonded or other indebtedness of the systems; and (d) the establishment or maintenance of any required reserves, including reserves needed for expenditures for depreciation and replacement of facilities, as may be determined necessary from time to time by the Council or as covenanted in the ordinance or resolution authorizing any outstanding bonds of the systems. Based on the annual needs of the systems, the Council will establish charges for the use of the systems.
   (F)   Further rate increases. Subsequent adjustments to the inactive connection charge and vacant property charge will be made by resolution of the Town Council duly adopted after a public hearing with notice thereof given as provided by law.
(Res. 05-11-20-04, passed 7-13-2020; Am. Res. 08-17-20-01, passed - -2020; Am. Res. 10-13-20-02, passed 10-13-2020)