(A) The town water utility, acting through the Town Clerk-Treasurer, shall have the authority to collect all delinquent accounts whether the service is disconnected or active.
(B) In cases where the security deposit is deemed forfeit, the security deposit shall be applied to the then balance of the account and the net balance shall be collectible.
(C) The collection of delinquent accounts shall include all costs of collection including reasonable attorney fees, prejudgment interest and any applicable filing fees.
(D) Collection of delinquent accounts paid by NSF check or other defective negotiable instruments shall not only include the amount of the delinquent account including the NSF check plus a $20 service charge. Should it be necessary to instigate collection procedures through litigation, the maker shall be liable for all collection charges including the town’s attorneys fees in collection along with prejudgment interest. At the town’s discretion, the town may elect to treat the presentation of an NSF instrument as a misdemeanor and turn the matter over to the County Prosecutor’s Office to pursue.
(E) The Clerk-Treasurer is hereby empowered, in the name of the town water utility and the town to do all acts reasonably necessary to collect all delinquent accounts due the town water utility and/or the town for the provision of water service. Said collection of delinquent accounts may include assignment of said accounts for collects, purposes or the employment of legal counsel to pursue collection in the name of the town and generally to do all acts to collect said accounts.
(Ord. 2010-2, passed 6-7-2010)