(A) Payment of services. Rates and charges for water, sewer and refuse services rendered by the city shall be billed to the customer of such services on the same utility bill, and the customer shall not be permitted to make payment for any one service separately, but charges for all services received by the customer must be paid at the same time. The Water Utilities Department shall send the customer a monthly bill indicating, but not limited to:
(1) The customer account number;
(2) The customer name and service address;
(3) The service date period and the due date;
(4) The amount due for each service rendered, any and all previous delinquent charges, plus penalty, if any, still due and owing, the amount if the bill is paid by the due date; and
(5) The amount, including the late payment penalty as set out in division (B) of this section, if not paid on or before the due date.
(B) When charges are delinquent — bill items. Except where otherwise provided by application between the customer and the city, charges for services become delinquent if payment is not received by the Water Utilities Department on or before the due date, which is a minimum of ten days after bill rendering. After the due date, the customer must pay the bill amount plus a 10% late penalty. The Water Utilities Department shall send the customer a notice of discontinuance indicating, but not limited to:
(1) The customer account number;
(2) The customer name and service address;
(3) The service date and the due date;
(4) The amount due for services rendered (including all previous delinquent charges, plus penalty); and
(5) The amount, including the late payment penalty.
(C) Bill not received. Failure to receive a bill from the Water Utilities Department does not relieve a customer or other person liable for charges under this chapter from liability for service.
(D) Authority to discontinue service. The Utility Manager may refuse application for service, discontinue service, or refuse to restore service to:
(1) A customer who fails to pay any charges due under this chapter within seven days after the sending of notice of discontinuance;
(2) A person who violates any portion of:
(a) § 51.029(A) or (B);
(b) § 51.023;
(c) The Plumbing Code of the city;
(d) The Health Code of the city.
(3) A person making application for service to property at an address, if the person has delinquent charges outstanding at another address; or
(4) A customer at any premises if the Utility Manager determines that a substantial waste of water, or a health hazard is occurring as a result of leaking, damaged, open or disconnected private laterals, pipes, or drains on the premises.
(E) Cutting and plugging connections. The Utility Manager's authority to discontinue service includes the right to cut and plug water or wastewater connections to private property. The costs of cutting and plugging connections will be charged to the customer in addition to the delinquent charges due.
(F) Restoration of service. Discontinued service will not be restored until the customer or other person who has or accepts legal responsibility for violations committed or charges unpaid either pays all charges due (including the charges to restore connections), makes arrangements for payment satisfactory to the Utility Manager, or, where applicable, ceases violation of the particular code provision in question. The decision to restore service while delinquent charges or code violations still exist rests solely with the Utility Manager.
(G) Notice of discontinuance. The Utility Manager must notify a customer in the following manner before discontinuing service:
(1) The Utility Manager must send the customer at least seven days advance notice of pending discontinuance.
(2) The notice must provide a statement of reasons for cutoff and a statement of delinquent charges due, where applicable. The notice must also provide a time, place and means by which the customer may cure the delinquency or violation, or dispute the validity of the reasons for discontinuance.
(3) The notice may be served either in person or by mail.
(4) Additionally, in cases to master-metered accounts, the Utility Manager must cause a notice of pending discontinuance to be posted on the door of each dwelling unit known to be occupied and in a conspicuous place within the property manager's office or the common area of the premises.
(H) Exceptions to notice requirement. Division (G) of this section does not apply to discontinuance of service resulting from a violation of this chapter if the Utility Manager determines that immediate discontinuance is necessary to prevent an imminent threat or occurrence of:
(1) Harm to the health or safety of persons;
(2) Damage to city or private property; or
(3) Contamination of the water system.
(I) Customer's request to discontinue service. Upon a customer's request for discontinuance of service, the Utility Manager may discontinue treated or untreated water service to the customer. Upon receipt of the application for termination, the Utility Manager may remove the water meter and service connections. However, the customer is liable for all charges incurred prior to removal of the meter. Where service is furnished through more than one meter, the customer may request discontinuance of one or more meters and thereafter be billed on the basis of the remaining meter or meters.
(J) Penalty fee not charged. Persons, with single-family residential accounts, who are 65 years of age or older may request an exemption from the late payment charge. This is to accommodate those persons who receive their social security checks later than they receive the utility bill. This exemption shall apply to only one residential account at a time, and shall remain in effect, without renewal, as long as the account name does not change. Proof of age shall be required.
(K) Cumulative remedies. Enforcement of this section does not waive any additional remedies, civil or criminal, available to the city under law.
(Ord. 10-1993-36, passed 10-12-93) Penalty, see § 51.999