A. Responsibility For Payment: The owner(s) of the premises shall be jointly and severally liable for payment of the water service to such premises and the water services are furnished to the premises by the City only upon the condition that the owner(s) of the premises are jointly and severally liable to the City. Non receipt of the water bill by the owner(s) does not exempt such person(s) from responsibility to pay for water services furnished to the premises by the City. (Ord. 0-16-14, 2-27-2017)
1. Billing Of Duplexes, Apartments, Condominiums And Single- Family Home Rentals:
a. Water and sewer bills for duplexes having two (2) separate meters shall be sent to the owner of the duplex and the owner of the duplex shall be responsible for payment of the bill. In addition, it is the owner's responsibility to register with the City Clerk's Office. (Ord. 0-07-14, 7-28-2014)
b. Bills for apartments with more than two (2) units shall be sent to the owner of the property and the owner shall be responsible for payment of the bill. Registration by the owner with the City Clerk's Office is required. (Ord. 0-16-14, 2-27-2017)
c. All apartment buildings and condominium buildings with single units or other water/sewer customers usually using over eight thousand (8,000) cubic feet per month shall be considered and billed as commercial accounts. The meters shall be read monthly and the bill sent to the owner monthly.
d. Property owners of single-family homes who rent out the property shall be responsible for payment of any water and sewer bills. (Ord. 0-07-14, 7-28-2014)
e. If property owner(s) want tenant(s) to receive a copy of the bill, they must complete the proper agreement form which states the property owner remains liable for use of services. (Ord. 0-16-14, 2-27-2017)
B. Delinquent Bills; Late Payment Penalty: Bills for water service shall be rendered monthly and shall be considered delinquent twenty (20) days after their rendition. In the event of failure to pay the bills within the twenty (20) day period, an additional charge of ten percent (10%) of the present bill shall be added as a late payment penalty to arrive at the total bill with delinquency charges. (Ord. 0-15-22, 11-23-2015)
1. Shutoff Notice: On all bills not paid by the following due date, the City shall prepare or cause to be prepared a shutoff notice to the billing address and mailed by regular mail to same. This shall be a final ten (10) day warning from the date of issuance. Once a shutoff notice is issued, all past due balances, penalties, and red tag fees must be paid, or a proper payment arrangement made to avoid shutoff. (Ord. 0-16-11, 8-8-2016)
2. Termination/Reinstatement Of Service: If the bill has not been paid within the ten (10) day warning period, the City shall turn off the water supply and shall not be compelled again to supply water to the building, place, premises or dwelling until all such bill or past bills and past liens, together with the cost of bookwork and mailing and the expenses of turning the water off and on have been paid in full.
3. Additional Charges: The following rates and charges shall be in full force and effect hereafter:
a. There shall be a fee charged that is determined by City Council and set forth in written policy, which is due the City for each mailing sent after the usual bill in a delinquency case. (Ord. 0-15-012, 9-14-2015)
b. There shall be a fee assessed that is determined by the City Council and set forth in written policy to turn the water off/on at a residence when the resident fails to provide sufficient payment within the time period allotted for shut-off notices. (Ord. 0-18-01, 1-22-2018, eff. 1-22-2018)
4. Failure To Receive Bill: Failure to receive a bill will not entitle the owner, consumer or user to a remission of penalty. (Ord. 0-15-012, 9-14-2015)
5. Authority To Require Advance Payment: The City shall have full power and authority to require payment in advance for use of water furnished in accordance with policy established by the Public Works Committee and approved by the City Council. If water is shut off three (3) times in a one year period, then a deposit of one hundred fifty dollars ($150.00) will be required. Once the customer has been making on-time payments for a period of two (2) years then the deposit will be returned. (Ord. 0-16-14, 2-27-2017)
6. Authority To Shut Off Water Supply: The City Collector, Public Works Director, or Water Superintendent, the Mayor or the Chairman of Public Works Committee may authorize an employee of the City to shut off the water supply to any dwelling where the best interest of the City is served. (Ord. 0-15-012, 9-14-2015)
C. Lien; Notice Of Delinquency: Whenever a bill for water and sewer service remains unpaid after sixty (60) days from date rendered, the City Collector may file with the Recorder of Deeds of Henry County a statement of lien claim. The statement shall set forth the legal description of the premises served, and the amount of the unpaid bill, together with the amount of the late charges and any other charges due, plus interest on the amount of the lien at the rate of eighteen percent (18%) per annum, which runs from the date of the lien and a notice that the City claims a lien on the described real estate.
1. User Not Owner: If the user whose bill is unpaid is not the owner of the premises, and the City Collector has notice of this, the City Collector shall mail a notice to the owner that a lien has been filed on such premises.
2. Right To Foreclose: The failure of the City Collector to record such lien or to mail such notice, or the failure of the owner to receive such notice shall not affect the rights to foreclose the lien for unpaid bills as mentioned above in this subsection.
3. Release Of Lien: If the City Collector shall have filed the statement of lien claim with the County Recorder of Deeds, then, before the City will execute and file release of the lien claim with the County Recorder of Deeds, there shall be paid to the City Collector all outstanding amounts due to the City, including the late charge, all service charges, interest and the sum of thirty dollars ($30.00) to cover the City's expenses in recording the releases of the lien claim; provided, however, if the lien claim for unpaid water services forms a part of the lien claim for unpaid sewer services, then there shall be only one (1) $30.00-charge to cover the City's expenses in recording and releasing the combined lien claim.
D. Water Hearing Committee: The Water Hearing Committee of the City shall consist of the City Collector, the Public Works Director and Superintendent of the Water Department. (1997 Code)
Notes
| 1 | 1. See also subsection 10-6-4B of this Code. |