(A) Charges for services furnished by the system to any premises shall be a lien thereon as of the due date and on August 1 of each year, the Township Treasurer shall certify charges which have been delinquent 60 days or more, plus penalties and interest accrued, to the Assessor, who shall enter the same upon the next tax roll against the premises to which the services shall have been rendered. The charges, with penalties and interest accrued thereon, shall be collected and the lien shall be enforced in the same manner as provided in respect to taxes assessed upon the roll.
(B) Whenever the owner of property serviced by the township shall have the premises rented or leased to another, the property owner may file an affidavit of non-responsibility with the Clayton Township 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 payment of delinquent charges shall be returned to the depositor upon discontinuance of the service to the property or may be transferred by written request to transfer received by 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 township has not received a written request to transfer the deposit to a successor tenant, then the township may forfeit the deposit and transfer the deposit to the water fund or sewer fund of the township.
(2) In the event of a change of occupancy at the premises where an affidavit of non-responsibility has been filed, the township shall require the successor occupant to place a new deposit with the township unless the original depositor shall have transferred the deposit to the successor by written transfer. The township shall not be obligated to return an original or successor occupant’s deposit unless the person entitled thereto shall apply to the Township Treasurer for the return thereof.
(C) The filing of an affidavit of non-responsibility and deposit shall preclude the township 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 township water and sewer supply systems and these charges may be entered upon the tax roll.
(D) An affidavit of non-responsibility shall be in the form as prescribed by the Township Treasurer and shall, in addition to the signatures of the owner, be executed by the person(s) in possession of the premises and using services.
(E) There shall be 3 categories of affidavits of non-responsibility and the property owner or occupant responsible for payment of the water bill may elect to file any or none of the 3 options.
(1) Affidavit of non-responsibility for water service only shall be accompanied by a deposit initially established at $300. The deposit amount may be amended from time to time by way or resolution passed by the Charter Township of Clayton Board of Trustees. There shall be no fee for filing of type of affidavit.
(2) Affidavit of non-responsibility for sewer service only shall be accompanied by a deposit initially established at $300. The deposit amount may be amended from time to time by way or resolution passed by the Charter Township of Clayton Board of Trustees. There shall be no fee for filing of type of affidavit.
(3) Affidavit of non-responsibility for water and sewer services shall be accompanied by a deposit initially established at $500. The deposit amount may be amended from time to time by way or resolution passed by the Charter Township of Clayton Board of Trustees. There shall be no fee for filing of type of affidavit.
(Ord. 437, passed 9-9-2010)