Except as otherwise provided in this section, all accounts for city services shall be kept in the name of the record owner of the real property receiving city services. All persons named on a city service account, including any guarantors, shall be liable for accruing charges on the account without regard to the identity of persons receiving city services on the premises.
A. A tenant of leased property may establish a city service account in their own name, if the conditions of this section are complied with and the leased premises is not a multiple-unit family/commercial premises serviced by a single water meter through a single account.
B. Any tenant seeking to establish a city service account in tenant's own name shall comply with the following conditions:
1. City Service Security Deposit: The tenant shall deposit and maintain with the city a city service security deposit, in an amount to be set by resolution of the city council, securing payment of all amounts due under the account, including any costs, interest and penalties provided by law. Any delinquencies on the account may be charged against and collected from the security deposit, in addition to any other remedies of the city as provided by law. Any sums remaining on deposit upon termination of the tenancy, after payment of all sums due on the account, shall be returned to the tenant within thirty (30) business days after the city clerk-treasurer receives written notice of termination of the tenancy; or
2. Guarantee Of Record Owner Or Third Party Account Holder: The tenant shall deliver to the city clerk-treasurer a written agreement, on forms provided by the city, executed by the tenant and either the record owner of the leased premises or a third party acceptable to the city who is also presently the holder of a current nondelinquent nontenant city service account for real property within the city. The record owner or third party shall agree: a) to guarantee payment of the city service account for the leased premises until such time as the agreement is revoked, in writing, by the record owner or third party guarantor, served upon the city clerk-treasurer, with revocation effective upon receipt, provided, however, that such revocation shall not release the record owner or third party guarantor for any city service account obligation incurred prior to receipt of the written revocation by the city clerk-treasurer, and b) that all account delinquencies for the leased premises shall constitute a lien on the leased premises in the case of a record owner's guarantee, or, in the case of a third party guarantor, that the third party's city service account shall be charged for any such delinquencies.
C. In the event of the approval by the city of a tenant's account request, the city shall send the city service account billings to the tenant for the premises. In addition the city shall send a duplicate billing statement to the record owner or third party guarantor, if requested in writing by the record owner or third party guarantor.
D. It shall be the duty of tenants and record owners of any leased real property subject to a tenant city service account to notify the city, in writing, upon termination of any tenancy and tenant account. All tenants and guarantors on a tenant account shall remain liable for accruing charges on the tenant account until such time as the city receives written notice that the tenant account is terminated or guarantee agreement revoked as provided by this code, without regard to the identity of the persons receiving city services for the premises.
E. Nothing in this section shall limit the remedies of the city with respect to account delinquencies, including, but not limited to, the remedy of cessation of city services to the premises. In addition to any other remedies provided by law, the city may also cease provision of city services to a tenant in the event of any uncured delinquency, revocation of any applicable guarantee agreement, or failure to post or maintain any required security deposit, in the same manner as provided for default in account payment. (Ord. 183 § 1, 2002)