A. For any premises that is vacant, or because of its nature or use is only occupied occasionally or in a desultory manner resulting in no or de minimis use of any city services, the city council may on petition of the owner reduce the rate charged for city water, sewer or garbage service, or any combination thereof, for the premises. In granting or denying the petition, the city council may take into account one or more of the following factors, among others: 1) the frequency and nature of past, present and anticipated use of the premises, 2) whether the use is commercial or not for profit, 3) past, present and anticipated use of city services for the premises, 4) the need for the city to meet any bond, contract, franchise or financing obligations of the city for the city services, 5) municipal budgeting obligations, 6) the need to maintain uniform city service systems, and 7) any other factor deemed relevant by the city council. The owner shall provide the city with all other information requested by the city for considering the request. All decisions on rate reduction shall be in writing. The city council may grant or deny the request and set the amount of the reduction as it deems in the best interest of the city. The city council also may place any terms and conditions on granting and continuation of the rate reduction it deems in the best interest of the city.
B. 1. Unless otherwise provided in the written decision granting the rate reduction, all rate reductions shall automatically terminate on the earlier of the following terminating events:
a. The anniversary date of granting of the rate reduction; or
b. Sale or transfer of fee ownership of the premises.
In the event of termination under subsection B1 of this section, the rate reduction shall be deemed to automatically terminate on the first day of the billing month in which the terminating event occurs. The owner shall thereafter be responsible for payment of the rate for the city services applicable to the premises under the ordinances and resolutions of the city as if the rate reduction had not been granted. The city's city service account billing for the premises at the nonreduced rate following termination shall serve as notice of the termination.
2. The city may otherwise terminate any rate reduction granted upon:
a. Failure of the owner to permit any inspection, provide any information requested by the city, or notify the city of any substantial increase in use of city services as may be required under subsection C of this section; or
b. The city finding that there has been a material change in the nature of use of the premises or use of city services such that continuation of the rate reduction would be inconsistent with this section.
In the event of termination under subsection B2 of this section, the city shall notify the owner of the fact of the terminating event in writing and provide for hearing before the city council to determine whether the terminating event has occurred. Termination shall be deemed to occur on the date of the city's decision following the hearing. The owner shall thereafter be responsible for payment of the rate for the city services applicable to the premises under the ordinances and resolutions of the city as if the rate reduction had not been granted.
C. By requesting or accepting a rate reduction, the owner consents to the city from time to time verifying vacancy, occupancy or city service use by inspection of the premises, and the owner shall cooperate with the city and provide the means of reasonable access to perform the inspections. The owner shall notify the city upon any substantial change in use of city services for which a rate reduction is granted no later than fifteen (15) days after commencement of the change in use. The owner shall also provide reports of information as may be requested by the city verifying vacancy, occupancy or city service use to justify the continuation of any rate reduction. (Ord. 209 § 4, 2007)